Universal credit rules

[Cluemeup]

Hi all. I have read many things online this evening and I have got very confused. I was placed in Esa support group in 2015 and lucky for me didn't have to go for an assessment as they had all info needed.*

Late 2018 I was asked to go for an assessment and I was petrified and stupidly thought nothing has changed so if I didn't go they would do what they did last time.

Instead they kicked me out of Esa support group and I was forced to claim Universal credit on 5th Jan 2019.

I lost the support component and enhanced disability premium from my Uc.

I have read tonight about various rules and transitional periods.

I don't know if any apply to me and I would be greatful to know if I could claim any extra or backdate my claim to include these components?

Just to be clear I was in the support group Esa from early 2015.

Kind regards

[luxardo]

So you were asked to attend an assessment and you failed to attend with no good reason and without informing them ??

[Cluemeup]

Im not sure how you made that assumption but I had a reason I couldnt attend, informed them and had evidence. why do you ask?

[Wylderose]

The statement Luxardo made was probably made because you stated: "I was petrified and stupidly thought nothing has changed so if I didn't go they would do what they did last time." You did not say you contacted them so anyone reading your post would come to the conclusion that you just did not attend.

If you informed ESA/Medical assessment (Usually Capita) that you were unable to attend - I think there is a statement on the invitation to assessment along the lines of "If you are unable to attend...", then they would have re-arranged your appointment and if a legitimate medical reason was provided would then they would have arranged for a home assessment if this was requested.

If your SGroup was stopped because you did not attend (you would have scored "0" for non attendance) then you would have had one month from the date of the decision notice to lodge a request for a Mandatory Reconsideration and provide evidence in support of why you did not attend and why your SGroup should be re-instated. You would have been placed on the basic rate of ESA while this happened. If the MR was refused, or your SGroup was not re-awarded, then you would have had one year (12 months) to lodge an appeal which would have gone to Tribunal.

The change from ESA with SG to normal ESA would not have forced a UC claim in itself, so you must have another change in circumstances for this to happen.

To explain a little further - the Enhanced disability premium merely gives you an extra £17.10/wk if you live alone. Living alone with a disability and also being in receipt of disability benefits (PIP DL Standard/Enhanced or Mobility Enhanced) would award the Severe Disability Premium, both within your ESA and also in your Housing Benefit awards. This is the only premium that would prevent a transition to Universal Credit and can be lost by someone else claiming carer's allowance for you, having a Non-dependent over the age of 18 resident in the property, having a partner in the property or who moves in with you.

As far as your Universal Credit goes, you need to have a medical condition that would entitle you to either of the Limited Capability for Work elements. Lower Limited capability for work (£128.25/mth) is the equivalent to being in the Work Group on ESA and the Higher Limited Capability for Work (£341.92) is the equivalent of the Support Group. You would still be required to undergo a medical assessment in order to qualify for it, if you no longer have ESA in payment alongside your Universal Credit

As far as backdating your Universal Credit claim to include the disability elements, I have seen cases where this has happened.

[Cluemeup]

Thanks for taking the time to explain things to me. I can now also see how the conclusion was made previously based on what I had said but quite frequently what I think does not match up with what actually happens. I did have a legitimate reason for not attending and I also gave them written evidence. All the same they stopped my claim a week before xmas. A few weeks later a made a claim to Uc. For the most part I dont have the will to argue or fight for my rights. As I didnt ask for an MR and it is over 12months I guess there is nothing I can do now? I did recently win to appeals on my Uc for unfair sanctions and one of Those was over 12months but the lady at the job centre filled out an Mr at the time. Do you think I should just accept being on Uc now?

[Wylderose]

I am sorry they did not listen to you and that you did not push further for your rights.

As far as Universal Credit is concerned. Unfortunately once you have claimed UC, there is no going back to legacy benefits. You will remain on UC now until you either go into full time employment and earn too much for UC or until you are officially state pension age and can claim your pension.