TIP- CHALLENGE AN ERROR WHEN CLIENTS MOVE FROM ESA TO UC

Created 03/04/2018
When clients are naturally migrated onto Universal Credit (due to a change of circumstance) they are being told that they need to send in sick notes and wait for a new Work Capability Assessment before a limited capability for work element (WRAG group) worth £126.11 per month or a limited capability for work related activity element (support group) £318.16 per month is awarded. Some are also told that they need to do work focussed interviews and work preparation. This shouldn't be the case if the client was entitled to the work-related activity component or to the support component already under ESA.
 
The solution is to ask for a mandatory reconsideration of that decision(via their online journal or if not in writing), citing Reg 19 of the Universal Credit (Transitional Provisions) Regulations 2014.
We understand that the decision is then changed allowing payment of the correct element immediately from the start of the claim without the need for sick notes or a new Work Capability Assessment. The government have confirmed they don't intend to ensure that the Universal Credit IT system automatically links to prior employment and support allowance claims as it would delay other features of UC.