Couple formed; one on IR ESA (Support), other on UC - question about LCWRA status

Hi all,

I have a client who has been on old style income related ESA as a single disabled person – also receiving enhanced rates PIP both.

Now has a partner claiming UC who has moved in.  Don’t yet know exactly what he has told UC other than a change of address.

I haven’t had a case like this before and have been away for a while; I understand the IR ESA stops on formation of a couple if that partner is getting UC - but how does this happen practically?  Who informs who?

The client hasn’t yet made a claim for UC.  I understand she needs to be in receipt of ESA on the day she claims UC in order to retain that status in UC (19)(4) UC TP regs). 

I am unclear on where she stands.  Would be grateful if someone could explain to me what is going to happen and if she has any other options now.

EKS

I have a feeling I remember something wrong about these (theoretical) options, so hopefully someone else can confirm or refute them:

1) If there is any flexibility in the timeline of events: Have the partner stop their UC claim before moving in with your client. In order to be added to to the ESA claim, rather than going the UC route at all, or

2) Make a backdated claim for UC (on grounds of disability etc) so it starts before the partner moved in. As I understand that means she will also get the 2 week run-on of ESA. This sounds like the most realistic option.

Relating to 1) I have a question of my own: If someone requests their UC claim to terminate, does it stop from the date of request, from the start of that AP, or from the start of the next AP?

It should be from the date of request.
These are the instructions for the Work Coach or Case Manager…......
          “When you close the claim after the first assessment period, the Service will generate an
‘Additional actions (close claim)’ to-do. The claim will remain open until you have completed
the to-do.
Important: The ‘Additional actions (close claim)’ to-do does not automatically generate if a
claimant has not accepted their Commitments. Agents must still up load the ‘Claim termination
(claim closed)’ notification (UCD211) (UCD211W) to notify the claimant that their claim has
been closed.”

With regard to the question that was alluded to in the title, if you look at JW v SSWP https://www.gov.uk/administrative-appeals-tribunal-decisions/jw-v-secretary-of-state-for-work-and-pensions-uc-2022-ukut-117-aac, your client should be able to get the LCWRA element from day one of the joint UC claim, even if IRESA were to stop before UC entitlement begins for some reason, by virtue of still receiving credits under the 1975 regulations. There will be a Rightsnet summary of this case somewhere as well!

EDIT: Rightsnet summary here: https://www.rightsnet.org.uk/welfare-rights/caselaw/item/old-style-esa-claimant-who-claimed-universal-credit-six-month-after-esa-ended-was-entitled-to-receive-lcwra-element-immediately

I hope this is helpful.

Alex

EKS_COTTON - 12 September 2022 02:47 PM

Hi all,

I have a client who has been on old style income related ESA as a single disabled person – also receiving enhanced rates PIP both.

Now has a partner claiming UC who has moved in.  Don’t yet know exactly what he has told UC other than a change of address.

I haven’t had a case like this before and have been away for a while; I understand the IR ESA stops on formation of a couple if that partner is getting UC - but how does this happen practically?  Who informs who?

The client hasn’t yet made a claim for UC.  I understand she needs to be in receipt of ESA on the day she claims UC in order to retain that status in UC (19)(4) UC TP regs). 

I am unclear on where she stands.  Would be grateful if someone could explain to me what is going to happen and if she has any other options now.

EKS

They will be treated as having made a joint claim on the first day of the AP in which the partner moved in. As such, LCWRA status should anyway carry through even without coming onto entitlement to credits.

Va1der - 13 September 2022 10:53 AM

Relating to 1) I have a question of my own: If someone requests their UC claim to terminate, does it stop from the date of request, from the start of that AP, or from the start of the next AP?

The ADM used to say that the claim would only terminate following the AP in which the decision was made. This was changed a couple of years ago, and it now states that it will terminate from the start of the AP in which the decision is made.

Can she still make a backdated UC claim to get the run-on of ESA though? As I understand there is no run-on unless UC is claimed in the traditional sense. Otherwise, will she have an ESA OP (assuming it is still in payment)?
I’m not clear on how (if at all) the run-on works for backdated UC claims in general.

If her ESA still hasn’t terminated for whatever reason, failure to report CiCs etc., can he still terminate his UC claim and (assuming the decision is made within the current AP) thereby be added to her ESA instead? That would leave the risk of losing both an AP of UC and the ESA if the decision isn’t made in this AP though.

Alternatively, could he move elsewhere for a while (within the same AP) and thereby stop the couple claim from starting? Get some breathing space and pick the best option.

I don’t like going off on all sorts of weird options, but do get cases every now and then where someone seeks advice just after ‘triggering’ a no-return-to-legacy event.

Thanks for the feedback everyone, really helpful.

Update: She has made a claim for UC, her cESA continues and the irESA does not.

No transitional SDP element because a couple has formed (sch 2 UC TP Regs).

Her SDP would also stop from the date he moved in as part of the irESA award.

I wonder whether she gets 2 week run on of the remaining irESA (disability income guarantee)?

I also need to find out; if she does permitted work, are these earnings taken into account in her UC claim? 

EKS

Hi EKS,
Yes the earnings will be taken into account for her UC claim as ’ there is no such thing as Permitted Work in Universal Credit’.

Some of joint earnings will be ignored due to Work Allowance.