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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

ESA (WRAG) to Universal Credit

VS
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Welfare Team Grwp Cynefin

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Joined: 1 March 2016

HI My client was in the WRAG group ESA (IB) (claim prior to April 2017)  - but claim closed on 28.10.19 due to nil award as partner went to work. Partner’s work now reduced and couple have made a UC claim. Should the LCW element in UC be automatically paid from start of the claim?

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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VS
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Welfare Team Grwp Cynefin

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Total Posts: 20

Joined: 1 March 2016

Thanks Charles. Verity

Holly1989
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Social Welfare Law Unit Citizens Advice Sefton

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Hi. Hope you can help. I have a similar situation.

Couple ESA claim in payment.

Partner wants to start work (not the claimant).

Will this trigger migration to UC?

I have checked the triggers, but they don’t seem clear. The triggers state that if the “claimant” moves from ESA to “in work”, not the “partner”.

Thank you in advance.

Holly

Daphne
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rightsnet writer / editor

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Hi Holly - it’s not so much a certain situation ‘triggers’ a move to UC - it is just about what benefits can she claim after the change in situation.

If part of the ESA is contributory that can continue.
If the partner’s work is less than 24 hours then the irESA can continue (although income might exclude entitlement)
If they are on HB that can continue (subject to means-testing of course)

What they can’t do is claim tax credits (unless they are already in receipt of child tax credit?). So the question will be are they better off staying on whatever legacy benefits they can still claim. Or are they better off on UC - the decision is then theirs whether to claim UC or not.

It is possible they will be better off on UC particularly if the ESA claimant is in the support group. But you need to do a better off calculation.