pension and uc

nannie234

hi me again april i get my pension but hubby younger then me on income support at mins till then then have to put claim for uc had letter saying not get my cares no more but pension folk will be told i have underlying element for it at moment we get  56 because disabled 76 because severely disabled 42 because care for some one 27 disability guarantee on our income support  can any one shed some light on for me as i just carnt work out what uc we should get including houseing benifits please viv forgot to say hubby on full pip for both me standard both

poppy123456

Your Income Support will end once you reach state pension age. You will then be known as a mixed aged couple.  You will each need to start a claim, then one of you will receive a linking code to use to join both claims together.

Your UC will include the following..

standard couples allowance.. £578.82/month.. 

Carers element for you.. £185.86/month.. 

Housing element?? 

and because your IS includes single SDP then your UC will also include the SDP Transitional protection.. (SDP TP)£313.79/month. Total UC before deductions £1,078.47 but then you need to add your housing element on top of that. *Please note* you must claim UC within 1 month of your IS ending otherwise you will lose the SDP TP.

Your state pension will be deducted in full from any UC entitlement. To work out the monthly deduction you times the weekly amount by 52 and then divide by 12.

As you're PIP doesn't include Enhanced daily living then you will not automatically be entitled to the LCWRA element. It will only include the LCW but there's no extra money for this. (please note these rules only apply to those of state pension age and above)

As a carer you will have no work requirements anyway.

This is where it gets complicated but i will try to make it as simple as possible...

Your hubby will be treated as a job seeker but he can report his health condition and provide a fit note within 7 days of that. Usually (can be later) he will be referred for a work capability assessment on day 29 of your claim. Once referred he will receive the UC50 form in the post shortly after. Once a decision is made on the work capability assessment if found to have LCWRA then you'll be entitled to extra money from the 4th month of your claim. In the meantime it will be his work coaches discretion to either turn off or reduce work commiments while he waits for the work capability assessment decision.

However, because your UC will include the Transitional Protection for the SDP this will erode over time. Therefore, if other elements increase, or you become entitled to other elements the TP will decrease. Eventually it will erode completely. If found to have LCWRA then this will erode the TP completely because the LCWRA element is £390.06/month. This means that you won't be better off by the full amount because of the eroded TP.

Alternatively. he can wait until your 2nd assessment period and then claim carers element for looking after you. If he claims this in the first assessment period then this will mean there will be no entitlement to SDP TP. Claiming carers element will still erode the TP by £185.86/month but will mean he doesn't need to go through the work capability assessment.

In my opinion, in the long run, it will depend on when he reaches state pension age. If that's quite soon then it won't be worth going through the WCA. If it's longer than it maybe worth going through it.

Sorry this is long and quite confusing but if there's anymore questions please do ask and i'll try my best to help further.

nannie234

thankyou get what you saying but hubby dont have to have any work assessment things no more because of his illness he also has home care  thru adult social care as well as me its just he on my income surport claim so wen i get my pension ime told goto put claim on uc for him but i wont get my 76 care allowence no more either or my 76 disability premium

poppy123456

nannie234 said:

thankyou get what you saying but hubby dont have to have any work assessment things no more because of his illness

I'm afraid that's not correct. He will still need to go through a work capability assessment. If he has 12 months or less left to live then he will need the SR1 form from a GP or consultant to claim under special rules.

nannie234 said:

wen i get my pension ime told goto put claim on uc for him

That's not how it works i'm afraid. UC is a means tested benefit and because you're known as a mixed aged couple he will not be able to claim as a single person. You will need to claim as a couple. Your state pension will be deducted in full from any UC entitlement. Please have another read of my advice above. See link. https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/couples-benefits/

nannie234 said:

 but i wont get my 76 care allowence no more either or my 76 disability premium

Carers allowance can't be paid if your state pension is more than the carers allowance amount. Your UC will include the carers element for you as his carer. The Severe disability premium isn't payable when claiming UC but your UC will include the SDP transitional protection, as i advised above.

You will also need to make sure you claim your state pension, if you haven't already.