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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Old style contributory ESA and Universal Credit

Paul_Treloar_AgeUK
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I’m confused about what happens if someone has an award of contributory ESA and what happens, if anything, to that award if they were to claim UC?

I’m assuming that doing this will terminate the ESA award but not certain, so does anyone know for sure?

Further, I’m assuming that they could apply for new style ESA but that claim would start from scratch as it were so they may well not be entitled due to lack of NIC’s?

Anyone clarify this for me please?

Rosie W
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I had a client who ended up in this situation before the SDP gateway. I was told his ESA-c “converted” to an award of new style ESA but I don’t recall this being backed up by any reference to legislation. He had to claim UC for housing costs due to a move out of county which nixed his income related ESA. His contribution based ESA has continued to be paid.

Charles
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Yes, the legislation is quite clear that the “old-style” ESA award will “convert” to “new-style” upon claiming UC, and will not require a fresh claim.

Paul_Treloar_AgeUK
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Thanks both, that’s helpful to know as think the client would like to have the reliability of the c-ESA award as a source of income but UC claim looks much more financially advantageous than adding on income-related ESA award, iyswim?

Paul_Treloar_AgeUK
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Charles - 26 August 2020 04:26 PM

Yes, the legislation is quite clear that the “old-style” ESA award will “convert” to “new-style” upon claiming UC, and will not require a fresh claim.

Which bit of the legislation am I looking for btw Charles?

Ianb
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Paul_Treloar_AgeUK - 26 August 2020 04:43 PM

Thanks both, that’s helpful to know as think the client would like to have the reliability of the c-ESA award as a source of income but UC claim looks much more financially advantageous than adding on income-related ESA award, iyswim?

Do remember that the financial comparison at the moment is distorted by the extra coronavirus boost to UC which is currently set to end in April next year (unless the government respond to the numerous pleas to extend it). Nonetheless someone in the Support Group would generally be better off on UC than income based ESA even without the coronavirus boost. Decision also depends on client’s capability to manage the claim.

Charles
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Paul_Treloar_AgeUK - 26 August 2020 04:49 PM
Charles - 26 August 2020 04:26 PM

Yes, the legislation is quite clear that the “old-style” ESA award will “convert” to “new-style” upon claiming UC, and will not require a fresh claim.

Which bit of the legislation am I looking for btw Charles?

Art. 4 of whichever Commencement Order (No. 9, 11, 13, 14, 16 etc etc) happens to apply to the claimant.

Paul_Treloar_AgeUK
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Charles - 26 August 2020 05:38 PM

Art. 4 of whichever Commencement Order (No. 9, 11, 13, 14, 16 etc etc) happens to apply to the claimant.

Nice one Charles, thanks as ever.

Paul_Treloar_AgeUK
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Ianb - 26 August 2020 05:24 PM

Do remember that the financial comparison at the moment is distorted by the extra coronavirus boost to UC which is currently set to end in April next year (unless the government respond to the numerous pleas to extend it). Nonetheless someone in the Support Group would generally be better off on UC than income based ESA even without the coronavirus boost. Decision also depends on client’s capability to manage the claim.

Yes, thanks Ian, I have highlighted this and emphasised the practical aspects of managing the UC award.

Ianb
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Paul_Treloar_AgeUK - 27 August 2020 09:01 AM
Ianb - 26 August 2020 05:24 PM

Do remember that the financial comparison at the moment is distorted by the extra coronavirus boost to UC which is currently set to end in April next year (unless the government respond to the numerous pleas to extend it). Nonetheless someone in the Support Group would generally be better off on UC than income based ESA even without the coronavirus boost. Decision also depends on client’s capability to manage the claim.

Yes, thanks Ian, I have highlighted this and emphasised the practical aspects of managing the UC award.

I did think you would almost certainly have thought of all that but thought it was worth saying just in case. I know my mind sometimes gets stuck on a track. Comparing two benefits systems certainly makes our jobs harder!

Paul_Treloar_AgeUK
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Ianb - 27 August 2020 09:34 AM

I did think you would almost certainly have thought of all that but thought it was worth saying just in case. I know my mind sometimes gets stuck on a track. Comparing two benefits systems certainly makes our jobs harder!

Yes indeed, always appreciate these pointers to make sure we’re not missing anything on these cases.