Universal Credit as a disabled couple. - Page 3 — Scope | Disability forum
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Universal Credit as a disabled couple.

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Comments

  • 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.

  • Jij2l
    Jij2l Community member Posts: 27 Listener
    To refresh everyone on the intentions here:

    we are attempting to get carers element. We both had LCWRA status, my partner has PIP meaning i can claim carers ELEMENT (not carers allowance).

    UC are now suddenly claiming that my partner doesn’t have LCWRA status even though she has had it since single claim and was told to still have it after we had started our joint claim in june ‘22.

    UC are now telling me that I can’t claim Carers element on her because I have LCWRA and she doesn’t (apparently)

    UC have constructed this situation knowing i myself don’t have PIP so Carers element can’t be claimed for me.



  • poppy123456
    poppy123456 Community member Posts: 52,417 Disability Gamechanger
    When going from a single to a joint or joint to a single claim you will always lose everything on your journal and you should always take a copy of everything before reporting changes.

    Your partner can request the information that DWP hold on them and it's called "right of access" they will then send all the information they have. Make sure you request the date which includes when the decision was made on the WCA, this way you'll have proof that your partner was also found to have LCWRA. See link. https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Jij2l
    Jij2l Community member Posts: 27 Listener
    When going from a single to a joint or joint to a single claim you will always lose everything on your journal and you should always take a copy of everything before reporting changes.

    Your partner can request the information that DWP hold on them and it's called "right of access" they will then send all the information they have. Make sure you request the date which includes when the decision was made on the WCA, this way you'll have proof that your partner was also found to have LCWRA. See link. https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions

    It was so many years ago when the WCA happened we can’t remember, at least 3 years before our joint claim, will that matter?
  • poppy123456
    poppy123456 Community member Posts: 52,417 Disability Gamechanger
    It doesn't matter, they should still hold all the information about them.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Jij2l
    Jij2l Community member Posts: 27 Listener
    Update today. I received a message in my journal stating that I was right and this forum was right the entire time and that they had made a mistake so they have got me to report a change of circumstances with the date backdated to the start of the claim to say everything that’s already stated so that they can process and sort out carers element.

    photos showing both the original from when I started the joint claim and the change of circumstance, both stating identically.
  • chiarieds
    chiarieds Community member Posts: 15,895 Disability Gamechanger
    So pleased to see your update @Jij2l - great you'll (eventually) get the carer element sorted!
  • poppy123456
    poppy123456 Community member Posts: 52,417 Disability Gamechanger
    edited October 2023
    I'm glad to hear it's finally been sorted.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.

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