How do i apply for exception

Fragile

Hello
I have 5 children and am claiming universal credit at the moment. I'm due my 6th baby any day and my midwife said I should be exempt from the child cap because of the situation I'm in. She wasn't sure how I apply for it so I'm hoping someone here might know??

poppy123456

What makes you think you'll be exempt from the child cap? You will need to give some more information before anyone can advise you.  What is your situation? Do you have twins or triplets? There's some information here. https://www.turn2us.org.uk/Jargon-buster/Two-Child-Limit-Exception

Fragile

Nope no twins or triplets or anything. My children are 13, 11, 10, 9 and 7 and then the baby I am pregnant with. My 7 year old is autistic and I get DLA for him so I'm not benefit capped. 

I looked at the link you sent and it doesn't have my exact situation but I think I am exempt from child cap but it doesn't say how I get them to apply the exemption. Do you know please? 

poppy123456

If you’re already receiving the child element for your 5 children then you will not be exempt from the rules that were introduced in 2017. You will not receive any extra money for UC for this baby once they are born. 

You will be entitled to child benefit for them. 

I don’t understand why your midwife thinks you will be exempt. Why do you think you’re exempt? 

The benefit cap doesn’t apply to you but the child limit will apply.

If you are already claiming Child Tax Credit or Universal Credit and have 3 or more children born before 6 April 2017 you will continue to receive a child element for each child. However, you will not receive an additional child element for a child born after this date if you are already receiving the child element for two or more children.
see link https://www.entitledto.co.uk/help/exemptions_to_2_child_limit

Fragile

My midwife thinks I will be because the baby is probably not my husbands if you know what i mean..

poppy123456

One of the reasons you can claim for the baby is, they were conceived as a result of rape and you do not live with the perpetrator. You said the reasons in the link i posted didn't have your exact situation.

If it's because of an affair then this doesn't apply.

Fragile

Sorry I not been clear poppy I wasn't sure I could say some words on here and try not to because they are hard.

Last year 2 men broke into our house and attacked me and my husband. There is a small hope the baby may be my husband's but if I can say me and him were always using protection and they did not. 

poppy123456

Oh dear, i'm sorry to hear that, that's terrible! I hope that small hope is true! I think you will need proof that the baby isn't your husbands because i can't see them taking your word for it.

Just telling them that you and your husband always use protection isn't going to be enough because contraception isn't 100% reliable

Fragile

Thank you and sorry I sound all aboutmoney I'm not it is just all very new to me. My husband was earning very well 6 figures and we didn't claim anything and now I'm trying to pay everything by myself on just 1490 a month and it is impossible. It is hard trying to keep my head up anyway but money is making it so much harder and finding out I might not even get help with the baby is very scary.
Do you know what evidence they will need?

poppy123456

I totally understand why you were hesitant to give the details. 

I found this link which gives some good guidance. Please have a read. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/810743/support-for-a-child-concieved-without-your-consent-0619.pdf

Fragile

It says I will need to fill in a form do you know where I find that form? Sorry for the questions and thank you for your help poppy

poppy123456

I’m afraid I don’t know. It says you also need someone to fill out the form that’s in a professional capacity that you’re currently speaking to or previously spoken to about the conception of the baby.

Id advise you to get some expert advice from an agency near you. See link. https://advicelocal.uk/welfare-benefits

Cher_Alumni

Hello @Fragile and a warm welcome to our online community.

I'm glad you found us, and I hope our advice can make these challenging circumstances a little easier for you. It sounds like such an ordeal you've been through and a mixture of emotions, how are you doing? I'm so sorry you experienced what you did, and we'll be emailing you shortly to see if we can offer any additional support.

This is the Universal Credit guidance you'll need and it links to a form your midwife will be able to fill out.

Please do keep an eye on your inbox, and just to note - I've moved your thread to our UC category. 

Take care and look after yourself and little family 

Fragile

Um I don't quite know how to explain this but I used a pretend email address because I wanted to be anonymous so I won't get your email. I hope it's not a real email address of someone else. I'm sorry for the problem. Thank you for the form. 

Do you know if there are any other benefits we could apply for? Or grants for baby things? 

Alex_Alumni

Hello @Fragile thanks for explaining, that's helpful to know We've reached out via private message, so please reply to that if we can help any further. 

Scope has information on types of benefits you might be able to claim, or you can always reach out to our Family Services, who can offer advice and support too.

poppy123456

The only other benefit is child benefit. You’re already claiming UC which has replaced all other benefits. 

There’s a sure start maternity grant but unfortunately you won’t be eligible for that because part of the criteria is you have no other children under 16. https://www.gov.uk/sure-start-maternity-grant/eligibility

calcotti

DWP guidance on child element and non consensual conception
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1065520/admf1.pdf
paragraph F1022 onwards.
There is reference to 'a completed pro forma' completed by an approved person.

I suggest you speak to your UC Case Manager now so you can get on with obtaining what ever information they need in order to apply the exception.

You should regardless should report the birth in your UC journal in the normal way.

Fragile

Thank you all a lot. When I give birth will UC stop pressuring me to work? I have to look for 35 hours at the moment and it is a struggle with everything else. My 7 year old is sent home from school most days so even if not for the baby I couldn't work and I'm not in the right headspace but I don't suppose that matters

Fragile

Does anyone know if I could claim bereavement payment or widow parent allowance I saw them mentioned but there isn't much information? 

poppy123456

Fragile said:

Thank you all a lot. When I give birth will UC stop pressuring me to work? I have to look for 35 hours at the moment and it is a struggle with everything else. My 7 year old is sent home from school most days so even if not for the baby I couldn't work and I'm not in the right headspace but I don't suppose that matters

You will have no work requirements when the baby is under 1 year old.

Fragile said:

Does anyone know if I could claim bereavement payment or widow parent allowance I saw them mentioned but there isn't much information? 

Are you living with your husband?

Fragile

No he couldn't cope with what happened to us and took his life in February