ESA support group, 52 weeks in hospital and natural migration

ESA claimant in hospital for more than 52 weeks so support group payments have stopped. As she has no HB claim open, she will need to apply for UC once discharged to get help with housing costs. Question: as her SG status is kind of turned off (due to being in hospital for more than 52 weeks), will UC give her the LCWRA element? Does she first need to turn on the SG before applying for UC? Will they award the LCWRA element even if it is turned off on ESA? Many thanks.

I can’t see anything in UC(TP) Reg 19 that would prevent the element applying from the start of the UC award.  The regulation relies on a subsisting determination of LCWRA rather than a component being included in the award as far as I can tell

I think it’s ok. The support component is not payable (ESA Regs, Schedule 5, para 13 & reg 67(3)), but she still has support group status, ie still has an LCWRA determination which hasn’t been changed.

Reg 19 of the UC (TP) Regs should apply, & she can get the LCWRA element from the first assessment period (reg 19(4) & (5)).

Might also be worth checking, if she’s going to be living alone & meets the other SDP conditions, that ESA are informed (allowing reinstatement/addition of EDP & SDP) before she claims UC.