Advice urgently needed

bart70

I moved in with my partner last week, I’m on UC and she was on legacy esa/tax credits. 

As advised on here and by UC she applied for UC and I gave her a link code so they could link our accounts for a joint claim. She was told she would have a 2 week run on of her esa and tax credits as well as housing benefits from the council. 

The council suspended her claim almost as soon as we notified them, tax credits stopped all payments with no run on and esa paid her 50% of her 2 weeks and closed her claim. In the mean time the phone call from UC which was due within 3 working days is now over a week late and we’re unable to get an advance on UC until this has happened. She confirmed her ID via gateway website so no need for JC appointment. 

Tried ringing UC but it seems calls are been fielded by some foreign agencies rather than DWP staff who barely spoke English and couldn’t understand my questions. Put it in your journal was all he could say and that was 3 days ago with no response. We’re now facing 3 weeks of no money, heating or rent and no answers from DWP. Our Uc claim may not be straight forward as we have a disabled 10yr old and I’m on pip and new style esa due to my own disability. 

What are our options? Storm the job centre and try and get a sit down to try and sort it? Ringing UC clearly doesn’t work as you can’t speak to DWP now. Ring our MP and ask him to ring them? I don’t know where I can go to try and get a person to just hit the button that makes an advance available? 

onebigvoice

This is my opinion, as you would have to check some of it:
1.  Ring the housing/rental and make sure that they are aware of how and when this started, as straight away it seems you will be in rent arrears if not already.
2.  Log onto your journal, and again explain the situation to your case worker, since they are also supposed to monitor your journal, and enter things you are supposed to do to claim benefits.
  Its also a good way to get advice with out having to ring, if no reply on your journal soon, give them a ring, your journal entry is also a log for you to say you said this or sent and spoke about this and have not received a reply.
3.  Make you MP aware that you are having problems and not just recently, that not only do you have a Disabled Child in the house you are also Disabled, they have a duty of care to to the venerable and disabled (council and Benefits))
4.  Recontact UC via your journal and re-irrorate you are disabled and so is the child, and that the only thing coming in at the moment is your Disability allowances? and how are you expected to live, when that money is for both your care needs not to pay rent and council tax which they still expect.  ( when you pay me I'll pay you?)
  Again my opinion, but certainly don't suffer in silence.  

Adeline

Typically when initiating a claim for UC she would receive a two week run on of all of those benefits but for housing benefit, this is complicated by her moving in with you.

If she'd made the UC claim while still living alone, she would have received the two week run on of housing benefit. However, it sounds like she moved in with you and then made her UC claim, moving in with you made her no longer eligible for housing benefit so that's stopped before she's started her UC claim, so unfortunately she's done it all a bit out of order. 
As far as I'm aware tax credits do not have a run on and stop payments immediately. I'm not sure what the issue is with her ESA but assuming it's income related and she updated that she'd moved in with you before making the UC claim that could have caused the problem. 

For the advance, have you tried asking on your journal under about a payment or service issue options? I imagine she just needs to have this phonecall appointment done first so needs to keep pushing. 

Adeline

I also want to add that I agree with @onebigvoice about not suffering in silence. Make a fuss on your journal, explain you are facing financial hardship because of their delays and would like it escalated - but remain respectful. In the mean time contact your bills and let them know there may be delays and ask your local places for food bank vouchers for you and your family. 

calcotti

Tax Credits never run on, they stop immediately a claim for UC is made,

For income based ESA and HB there is normally a two week run on when somebody switches to UC but I’m not sure that applies when changing from a single claimant to becoming a couple.

If any of her ESA was contribution based it should continue.

bart70 said:

.. it seems calls are been fielded by some foreign agencies rather than DWP staff who barely spoke English and couldn’t understand my questions. 

I think is very unlikely that foreign agencies are being using. There are many people living in the UK with strong accents. It is true however that calls are often not answered by DWP staff and many call handlers have limited knowledge of the benefits system (and often give out incorrect information).

Adeline said:

.. However, it sounds like she moved in with you and then made her UC claim, moving in with you made her no longer eligible for housing benefit so that's stopped before she's started her UC claim, so unfortunately she's done it all a bit out of order. 

…

I'm not sure what the issue is with her ESA but assuming it's income related and she updated that she'd moved in with you before making the UC claim that could have caused the problem. 

That isn’t what the poster says - he says he moved in with her so she’s still living in the same place.

poppy123456

Your partners tax credits will have stopped as soon as she made a claim for UC, this is a standard procedure. Who ever advised you that it would continue for 2 weeks was incorrect.

I have no idea why she only received half of her ESA payment but she should ring ESA to ask them. She should also ring her local Authority to ask about her housing benefit because if you moved in with her, which is what you said here..

bart70 said:

I moved in with my partner last week,

Then HB should have continued. Unless it was temporary suspended because you moved in with her. Either way she will need to ring her LA to ask.

bart70 said:

Tried ringing UC but it seems calls are been fielded by some foreign agencies rather than DWP staff who barely spoke English

When you ring any DWP department, you're always ringing a call centre. You don't actually speak to anyone from DWP itself.

I don't think they're foreign agencies but some staff may of course have different accents and some may also be from another country but that doesn't mean they don't live in the UK now.

calcotti

The issue with the two week run on for ESA and HB which I am not clear about is whether the two week run on applies to the amount previously received or whether it has to be recalculated to reflect the change from single to couple (which would affect the amount of ESA and possibly HB).

Just to add - the UC payments should be made on the same date as you previous UC payments. The next payment (if resolved) will include all the changes from the start of your monthly payment period even though they have occurred part way through.

What did your UC previously include in it? Do either of you get Daily Living PIP?

bart70

Thank you for your fast replies this morning.

we have now resolved this with UC. When you link an old claim with a new claim it does not automatically create a link online to apply for an advance. This is because there is less of a delay in payment. So in my case, my payment date is 28th of each month, so that carries on with the claim. 

If you need an advance it is available but you have to ring the advance line for it and it is paid as a new claim advance. However they don’t tell you this when you link it. Thankfully a very helpful lady at UC explained this to me this morning and sorted out an advance for me and my partner.

again thank you guys for your quick responses, always good to have somewhere to turn. 

Adeline

calcotti said:

That isn’t what the poster says - he says he moved in with her so she’s still living in the same place.

Oh yes, I missed that and took it as 'they moved in together'.

Still, the poster says later that they notified the council

bart70 said:

The council suspended her claim almost as soon as we notified them, tax credits stopped all payments with no run on

Which will sadly be part of the issue. When she notified to say someone had moved in with her, it is correct that her housing should be suspended while they calculate and as he isn't eligible for HB (already claiming UC) she would no longer be either. If she'd not notified them before claiming UC or had claimed single for a few days before he moved in it would be a different story which is unfortunate. 

I hope you are able to sort out your advance soon @bart70. Do you know how long until your assessment period ends?

calcotti

Adeline said:. When she notified to say someone had moved in with her, it is correct that her housing should be suspended while they calculate and as he isn't eligible for HB (already claiming UC) she would no longer be either. If she'd not notified them before claiming UC or had claimed single for a few days before he moved in it would be a different story which is unfortunate. 

The poster hasn’t said she told the local authority that someone had moved in. Poster has said she applied for UC. Therefore the two week run on of HB applies - however the bit I’m not clear about is whether the two week run on should be recalculated to take into account the presence of the poster (although doing so in such circumstances is a lot of work for two weeks of benefit).

I don’t know what you mean by claiming for a few days. She presumably as a long-standing HB claim. It’s over 4 years since working age claimants have been able to make new HB claims (unless in temporary or supported accommodation).

Adeline said: I hope you are able to sort out your advance soon @bart70.

Fortunately

Pbart70 said:

Thankfully a very helpful lady at UC explained this to me this morning and sorted out an advance for me and my partner.

bart70

Again thank you for your help. 

Because I was already claiming UC and I linked her new claim to my existing claim there is no assessment period. So I was told this morning that our first UC payment should be 28th of this month. 

Unfortunately we won’t know what this will be until 24th when our statement becomes available. We did use a benefit calculator prior to me moving in to see how much worse off we would be. 

So for example our sons child tax credits included a £65 a week extra for his disability. Which under UC is reduced to £132 a month. But we just adjusted our budget to accommodate this. 

poppy123456

bart70 said:

Again thank you for your help. 

Because I was already claiming UC and I linked her new claim to my existing claim there is no assessment period. So I was told this morning that our first UC payment should be 28th of this month. 

Your assessment period would remain the same as it was when you were a single claimant. If your payment date is 28th then your assessment periods will be 22nd to 21st of every month.

bart70 said:

So for example our sons child tax credits included a £65 a week extra for his disability. Which under UC is reduced to £132 a month. But we just adjusted our budget to accommodate this. 

What DLA/PIP award does your son have? If it's either high rate care DLA or Enhanced daily living PIP then you'll be entitled to the higher disabled child element.

calcotti

The UC should include 
 - standard couple allowance
 - housing element (for rent)
 - child element
 - disabled child element
 - LCWRA element for you (she will not get it because two LCWRA elements cannot be paid)
 - carer element for her for looking after your son (or looking after you)

You are exempt from the Benefit Cap.

Your ESA continues as before and is deducted from the UC.

Was any of her ESA contribution based - if so, that will continue also and be deducted from the UC.

Unfortunately those who only qualify for the lower rate of the disabled child element are worse off under UC than Tax Credits. However the High Court ruled this unlawful and it remains to be seen what actions DWP now take in response to this.

bart70

My sons DLA is middle rate for living and lower rate for mobility so hence we will only get the £132 a month on UC which is £148 a month less than tax credits for him. But will be interesting to see how DWP get out of that court ruling as I’m sure they will try.

my partner has submitted a claim for carers for helping me which I know is taken off the UC claim pound for pound but it will give us a weekly income to help with things. But again carers allowance is more than the care element of UC? Starting to feel like UC isn’t really useful when you’re disabled.

calcotti

bart70 said:

But again carers allowance is more than the care element of UC? 

Yes but that is no different to the system for old benefits either. The carer element of UC is the same as the carer premium for old benefits such as income based ESA and CA has always been deducted from income based benefits.

As you have noted, claiming CA makes no difference to your overall income but may help your budgeting. She will also get Class 1 NI credits from CA whereas UC only gives Class 3 (which for most people never makes any difference).

She could claim the CA either for looking for you or for looking after your son (but not both).

Was her ESA all income based?

bart70

Yes her esa was income based and I receive new style esa as I worked for over 30 yrs before I had to stop due to health. 

calcotti

bart70 said:

Yes her esa was income based and I receive new style esa as I worked for over 30 yrs before I had to stop due to health. 

Just checking if it was all income based and not a mix of contribution based and income based. Had it been mixed the contribution based ESA would continue and there would be no point claiming CA.