Universal Credit as a disabled couple.

24

Comments

  • poppy123456
    poppy123456 Community member Posts: 61,372 Championing
    edited August 2023
    It means exactly what you've been advised here. The same person can't receive the LCWRA element at the same time as carers element. Therefore the highest element will be paid "LCWRA element"

    As only one of you is receiving the extra money for LCWRA element then the other claims carers element, which would be you because it's your wife that's claiming the PIP.  My advice is to stop reading things on the internet because it's confusing you.
  • Jij2l
    Jij2l Community member Posts: 27 Listener
    bobby123 said:
    Can he not claim carers allowance instead of carers element???
    No, Carers allowance would cause my UC to be reduced by the amount I got from it making it pointless as I would be no better or worse off, Unlike carers element which there wouldn't be a reduction.
  • Jij2l
    Jij2l Community member Posts: 27 Listener
    edited August 2023
    poppy123456 said:
    It means exactly what you've been advised here. The same person can't receive the LCWRA element at the same time as carers element. Therefore the highest element will be paid "LCWRA element"

    As only one of you is receiving the extra money for LCWRA element then the other claims carers element, which would be you because it's your wife that's claiming the PIP.  My advice is to stop reading things on the internet because it's confusing you.
    It's designed to confuse, It's no more help than UC are themselves as they can be wrong, people here could be wrong etc. There's no single place that actually can help and be correct 100% so you have to ask around and try your best!

    There is no definitive place to get all the answers so you have to try shop around and cobble together what you can.
  • Jij2l
    Jij2l Community member Posts: 27 Listener
    I have written this back to UC;

    After More advice and also what India said; 

1.) We are entitled to Carers Element and were told wrongly when making this joint claim that we weren't.

2.)By "My Fiancee" having PiP and LCWRA and me caring for her 35+ hours a week as stated when creating this joint claim.

3.) It doesn't matter if I have LCWRA awarded to myself or not as it would be disregarded for Carers Element instead due to "My Fiancee" having both PiP and LCWRA as I am the one caring for her. This means that what I was told about having to get myself changed groups is incorrect.

4.)That we have met the criteria to receive Carers Element and have been entitled to it for the entirety of this joint claim.

5.) That we are entitled to back payment from when we were first eligible (Assessment period: 3 May to 2 June 2022) to now.
  • poppy123456
    poppy123456 Community member Posts: 61,372 Championing
    Jij2l said:
    poppy123456 said:
    It means exactly what you've been advised here. The same person can't receive the LCWRA element at the same time as carers element. Therefore the highest element will be paid "LCWRA element"

    As only one of you is receiving the extra money for LCWRA element then the other claims carers element, which would be you because it's your wife that's claiming the PIP.  My advice is to stop reading things on the internet because it's confusing you.
    people here could be wrong etc. There's no single place that actually can help and be correct 100%
    I can assure you that the advice you've had here is 100% correct. What you're reading on the internet is correct it's just you're not quite understanding what it means.

  • poppy123456
    poppy123456 Community member Posts: 61,372 Championing
    If they've refused you the carers element and you've received a letter saying you're not entitled to it then you can request the Mandatory Reconsideration on the decision not to award you carers element.
  • Jij2l
    Jij2l Community member Posts: 27 Listener
    edited August 2023
    poppy123456 said:
    Jij2l said:
    poppy123456 said:
    It means exactly what you've been advised here. The same person can't receive the LCWRA element at the same time as carers element. Therefore the highest element will be paid "LCWRA element"

    As only one of you is receiving the extra money for LCWRA element then the other claims carers element, which would be you because it's your wife that's claiming the PIP.  My advice is to stop reading things on the internet because it's confusing you.
    people here could be wrong etc. There's no single place that actually can help and be correct 100%
    I can assure you that the advice you've had here is 100% correct. What you're reading on the internet is correct it's just you're not quite understanding what it means.

    @bobby123 was saying about potentially claiming CA rather than CE which wouldn't have had any benefit, some people have not quite understood exactly what i was saying, due to my Autism things don't get written in a way all can understand. The interchangeable use of terms by others like "element" and "award" which are 2 different things, i was mentioning how we both have the LCWRA awards which some others neither understood or saw when i mentioned today.

    The advice readily available is spotty, there's lots of information about the different elements and single claims but minimal about joint claims and their interaction with different elements. Those bits that are there tend to be very limited or not very detailed like stating "Whichever is higher" but not specifying in what order things are rated low to high even when googled etc.

    All in all, the information from you all here has been much more helpful than from UC and web articles so thank you.

    I would appreciate feedback on if what i said to UC was good or not
  • chiarieds
    chiarieds Community member Posts: 16,561 Championing
    edited August 2023
    From what I can see you wrote it looks fine. It would be good to know if you get this resolved.
  • Jij2l
    Jij2l Community member Posts: 27 Listener
    chiarieds said:
    From what I can see you wrote it looks fine. It would be good to know if you get this resolved.
    I will make sure i update you all on how it goes!
  • Jij2l
    Jij2l Community member Posts: 27 Listener
    chiarieds said:
    which says, 'when you are both eligible for the LCWRA element and the Carer element. Only one member of the couple can receive the LCWRA element but the other member will get the Carer element instead.'


    Yes, i saw that before setting up our joint claim. What i don't understand is why it hasn't happened yet, this is what the issue is. 

    By what you're all saying we meet the demands to receive it, We asked for it in june 2022 when setting up the claim. We don't have it and were told then its because we both have the LCWRA award each and I would have to be reassessed to LCW instead.
  • Jij2l
    Jij2l Community member Posts: 27 Listener
    poppy123456 said:
    Jij2l said:
     We don't have it and were told then its because we both have the LCWRA award each and I would have to be reassessed to LCW instead.

    So basically what the issue seems to be then is we both have the award, meaning i can't claim until my award is stripped.


    That's nonesense and not correct at all. There's many couples that are both found to have LCWRA but they only receive 1 element. The other person then claims carers element.

    You do not need to be reassessed and found to have LCW before carers element can be paid.
    I found Entitledto states this:


    What does it mean "Whichever element is the highest"?
  • poppy123456
    poppy123456 Community member Posts: 61,372 Championing
    edited August 2023
    Jij2l said:
    poppy123456 said:
    Jij2l said:
     We don't have it and were told then its because we both have the LCWRA award each and I would have to be reassessed to LCW instead.

    So basically what the issue seems to be then is we both have the award, meaning i can't claim until my award is stripped.


    That's nonesense and not correct at all. There's many couples that are both found to have LCWRA but they only receive 1 element. The other person then claims carers element.

    You do not need to be reassessed and found to have LCW before carers element can be paid.
    I found Entitledto states this:


    What does it mean "Whichever element is the highest"?

    I answered this question in another comment here.
    poppy123456 said:
    It means exactly what you've been advised here. The same person can't receive the LCWRA element at the same time as carers element. Therefore the highest element will be paid "LCWRA element"

    As only one of you is receiving the extra money for LCWRA element then the other claims carers element, which would be you because it's your wife that's claiming the PIP.  My advice is to stop reading things on the internet because it's confusing you.

    If you take note of exactly what that link says "the same person can't receive the LCWRA element at the same time as carers element. Being found to have LCWRA is not the same as receiving the element.

  • Jij2l
    Jij2l Community member Posts: 27 Listener
    edited August 2023
    poppy123456 said:
    Jij2l said:
    poppy123456 said:
    Jij2l said:
     We don't have it and were told then its because we both have the LCWRA award each and I would have to be reassessed to LCW instead.

    So basically what the issue seems to be then is we both have the award, meaning i can't claim until my award is stripped.


    That's nonesense and not correct at all. There's many couples that are both found to have LCWRA but they only receive 1 element. The other person then claims carers element.

    You do not need to be reassessed and found to have LCW before carers element can be paid.
    I found Entitledto states this:


    What does it mean "Whichever element is the highest"?

    I answered this question in another comment here.
    poppy123456 said:
    It means exactly what you've been advised here. The same person can't receive the LCWRA element at the same time as carers element. Therefore the highest element will be paid "LCWRA element"

    As only one of you is receiving the extra money for LCWRA element then the other claims carers element, which would be you because it's your wife that's claiming the PIP.  My advice is to stop reading things on the internet because it's confusing you.

    If you take note of exactly what that link says "the same person can't receive the LCWRA element at the same time as carers element. Being found to have LCWRA is not the same as receiving the element.

    I didn't post the last 2 comments now, i posted them earlier and they only just got added on to the end, hence why they are copies last thing i said was i'll update on how it goes.

    I posted them at 4:29 and 4:27, then scope forum reposted them 2 hours later together
  • chiarieds
    chiarieds Community member Posts: 16,561 Championing
    I had wondered if your comments were posted twice as they were perhaps caught in Scope's spam filter. This seems to be a problem every now & again unfortunately (& why I didn't comment). Yes, hope to hear your update, thank you.
  • Hannah_Alumni
    Hannah_Alumni Scope alumni Posts: 7,905 Championing
    Unfortunately your comments were caught in the spam filter! Sorry! 
  • Jij2l
    Jij2l Community member Posts: 27 Listener
    After 22 days waiting i have finally received a response from UC. They are now claiming my partner doesn’t have LCWRA and that only i do. I have been told in the past that we both do. I am beyond furious, I attempted to write a 2 thousand character response but of course as soon as i hit send i was logged out so it didn’t go through.

    I swear UC are doing everything in their power to just drag us through the dirt, it’s exhausting.
  • Jij2l
    Jij2l Community member Posts: 27 Listener
    Here’s an attachment of their response
  • WhatThe
    WhatThe Community member, Scope Member Posts: 2,362 Championing

    I can assure you that the service centre only has a flavour of your joint claim and that JCP (UC) routinely gives out dodgy advice - creating work for themselves and their business partners - so prepare for an MR/appeal to get what's owed.

    The very last thing you want is to be reassessed! Forget that.

    Put in a rapid Right of Access Request (RAR) to rightofaccess.requests@dwp.gov.uk
    asking for ALL DATA pertaining to your disability benefits and specify dates.
    Chase them if you have to wait more than a month


  • chiarieds
    chiarieds Community member Posts: 16,561 Championing
    Hi @Jij2l - whilst you both may have LCWRA 'status,' only one LCWRA element or payment is allowed for a couple. Going back to entitledto (which is an informative site), https://www.entitledto.co.uk/help/universal_credit_work_capability_assessment which says,

    ''If you are in a couple, and both of you are thought to have limited capability for work, you may be put in different groups but your Universal Credit award can only include one element, or additional amount.

    If one or both of you are in the LCWRA group and therefore qualify for the higher LCWRA element, this will be the one that is included''
    This is all correct, which I think you'll agree to. However, with a joint claim, I can't work out how it's been then decided that instead you singly have LCWRA, as this element is paid for your joint claim!
    Sorry for saying, but please check your partner has a decision letter to say she has LCWRA first. If so, then go for a Mandatory Reconsideration. Only you can claim the carer element as your partner has an award of the daily living component of PIP I believe.
  • Jij2l
    Jij2l Community member Posts: 27 Listener
    edited September 2023
    chiarieds said:
    Hi @Jij2l - whilst you both may have LCWRA 'status,' only one LCWRA element or payment is allowed for a couple. Going back to entitledto (which is an informative site), https://www.entitledto.co.uk/help/universal_credit_work_capability_assessment which says,

    ''If you are in a couple, and both of you are thought to have limited capability for work, you may be put in different groups but your Universal Credit award can only include one element, or additional amount.

    If one or both of you are in the LCWRA group and therefore qualify for the higher LCWRA element, this will be the one that is included''
    This is all correct, which I think you'll agree to. However, with a joint claim, I can't work out how it's been then decided that instead you singly have LCWRA, as this element is paid for your joint claim!
    Sorry for saying, but please check your partner has a decision letter to say she has LCWRA first. If so, then go for a Mandatory Reconsideration. Only you can claim the carer element as your partner has an award of the daily living component of PIP I believe.
    We were originally both put in the LCWRA group before we had a joint claim. When we had made our joint claim, we were told we both are still classes as LCWRA.

    We’ve had no new assessments, no notification of any changes, no letters etc.

    Everything like decision letters and journal entries from when we had single claims disappeared after joining our claims.

    i know the whole 1 award per claim but we can both be classed as it, its just out the blue they now say she doesn’t have it when in both her single and when we had started our joint claim she did. 

    Everything UC is doing seems so malicious in intent, we have said specifically how my partner need even more care than i do and that i give it to her and that she receives pip while I currently don’t and even though her name comes first on the claim like she is the primary claimant, i’m the one who has LCWRA in their eyes specifically so that we can’t claim carers element. They’ve twisted things however which way they can just to make everyone elses lives harder.

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