Does this class as a change of circumstances?

Posted , 3 users are following.

hi

moms on Income related ESA and my sister who lives with her has recently got a kob and she can now pay full rent and has now closed her housing benefit claim does this class as a change in circumstances would she need to tell ESA shes no longer getting Housing benefit?

i wasnt sure as their not related since housing benefit comes from the council

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  • Edited

    Just to add further to this if her housing benefit was affected by non dependant deductions then Universal Credit is a lot more generous than housing benefit.

    For UC housing element there's a standard deduction on £77.87/month, regardless of her earnings. Also, if your mum is in the Support Group then UC LCWRA pays more than ESA Support Group (not for those claiming SDP with their ESA)

    If she claims UC then any Income Related ESA will end 2 weeks after she claims UC. Any contributions based ESA will continue (£117.60/week) but be deducted in full from any UC entitlement.

    She will not need to go through another work capability assessment because her Support Group will be honoured in UC and she'll be entitled to LCWRA element from the start of her claim.

    All of those considered it seems crazy not to claim UC, especially as everyone is expected to be moved across through managed migration by end of 2024 anyway. Whether that date can be achieved is another matter.

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    • Posted

      hi , she had her last assessment in 2019 and they told her it was for 12months so she is due an assessment but she's not heard or been sent for one so not sure if they would under UC Honor it.

      so her stopping her housing benefit is not a Change of circumstances?

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    • Edited

      Reviews for work capability assessment have been suspended since the start of the pandemic. So no, she won't have a review anytime soon.

      Even under normal times the timescale they tell you is nothing more than a guide. ESA Support Group awards have no end dates and your award continues until a new decision says otherwise.

      As i previously advised if she claimed UC then she would be entitled to the LCWRA element from the start of her claim, if she's in the Support Group.

      No, stopping her housing benefit is not a change of circumstances, as i advised. I'm not sure why you would think that.

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    • Posted

      i agree with you on it would be crazy for her to not claim UC but shes terrified of switching to UC even if shed be better off because of all the horror stories we have heard of UC were people dont get payed on time ect. is UC not as bad as what some say?

      how would she get the LCWRA from the start of her claim would she need a sick note ect? would she need to go for interviews again or will it be like she is now were she doesnt go to the job centre?

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    • Posted

      and @denise15811 would she phone need to phone ESA to let them know that she has opened a claim with UC or would UC sort ESA out once they know shes on ESA?

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    • Edited

      She will need to leave a message on her journal telling them that she was in the Support Group. UC will send a form to ESA for them to give the information needed.

      No she doesn't need to tell ESA she's claimed UC because they will automatically know. UC will contact them. Any Income Related ESA she's claiming will continue for 2 weeks and then stop.

      Fit notes will not need to continue once the LCWRA element is added to her claim. No, she will not need to attend any other appointments after the first one. LCWRA is exactly the same as Support Group.

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    • Posted

      hi Denise

      have you heard anything about reviews being started again? on another forum someone has said they have received their ESA50 form and it is a review but i thought reviews are suspended

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    • Edited

      I'm not aware of them starting back up and i've just done a google search and there's nothing to be found. I even checked on the Disability News Service and there's been no updates on there since Feb 2022.

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    • Posted

      thank you, i couldn't find anything either but someone has said they've been given a esa50 and its a review assessment as they phoned esa and asked and they were told their doing older reviews first. so who knows.

      even if reviews have started it eont change anything for mom going onto UC they would still Honor her being in the support group? and she would continue to get the LCWRA until they have reassessed her like it would be on

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    • Posted

      I have advised previously that moving to UC would entitle her to LCWRA from the start of her claim. Whether or not reviews have started will not change those laws. I don't know how else to advise you.

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