Hey Mike.
My Client Livia (44) gets PIP and old-style ESA from before UC arrived.
The ESA of £204.75 per week (£887.75 per month) includes a Severe Disability Premium
She also gets Housing Benefit for a one bedroom property but she lives in a two bed place.
Her friend Claudia is going to move in with her as her carer.
We know that Livia will lose her Severe Disability Premium, bringing the ESA down to £135.35 pw / £586.52pcm
What we want to know now is, would Livia be better off migrating to Universal Credit?
Thanks
Dan
Yo Dan,
The simple answer is yes, she will be better of on Universal Credit.
Monthly Universal Credit for someone aged 25 or over who is in the Support Group will include:
£334.91 Standard Allowance
£354.28 Limited Capability for Work Related Activity Element
£689.19
Which is £102.57 better than the ESA, after the SDP has gone.
But, I have a better plan.
Livia should claim Universal Credit now, before Claudia moves in, while she has still got the Severe Disability Premium in her ESA.
Because of this she will qualify for an additional Transitional SDP Element in the Universal Credit.
This is an extra £120 per month, which makes Universal Credit £222.57 better than the ESA equivalent.
For this to work, they must arrange this so that Claudia moves in during Livia’s first UC assessment period.
A couple of extra things
Once Claudia moves in, this will increase the money that Livia gets for rent.
Whether she continues getting Housing Benefit, or whether she gets Universal Credit Housing Costs Element, this will be based on needing a two-bedroom property.
When Claudia claims UC she is likely to be told that she needs to submit new sick-notes* and have a whole new Work Capability Assessment.
This is wrong.
She must not give them new sick-notes since this will start the WCA juggernaut rolling.
Instead she should point out that the law says that the ESA assessment carries through to the UC claim.
This comes from Regulation 19 of the Transitional Provisions Regulations*
What’s With The Asterisks?
Sick-notes are officially called Doctor’s Statements. The DWP loves to give things names that are the opposite of what they actually mean. They will call a Doctor’s Statement, which shows that you are not fit for work, a fit-note.
The full name of the Transitional Provisions Regulations is The Universal Credit (Transitional Provisions) Regulations 2014 – 2014/1230