Help with ESA/UC

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Joggers

Good evening and thank you in advance for any help received. 

Quite a long story, you may want to get a cup of tea.

I am 55 and started working in 1984 with hardly a day off until 2015. I had struggled with a bad back from the early 2000's and was finally admitted to hospital for major back surgery in May 2015. (L4/L5) I returned to work in September 2015, but the operation hadn't gone well and I had to leave soon after.

I had no idea about claiming benefits, but was pointed towards ESA and was found to be unfit for work. My back was gradually degrading but when my reassessment came up, their "Dr" found me fit for work. This would have been around the end of 2018. Between 2016 and 2021 I was in a very dark place with prescription drugs and alcohol and have limited knowledge of that time. No one pointed me to any benefits and I had no idea that I should have been claiming any.

Obviously I was unable to work and was still under the hospital, getting regular injections, physio, gym etc until I was rushed to St George's as my spinal cord had been crushed to pieces (remember I was fit for work) The top neurosurgeon in the UK managed to sort the problem but I now have a condition called caldal equina ( tightening of the spinal cord in lower back)

I started to claim ESA again (2021 May) but as I had not been paying my stamp I was not entitled to anything except my stamp being paid. I was told that it would be at least 2 years until I would get any paid benefits so I put in my claim Aug 2023 for ESA. of course I couldn't claim ESA as it was now UC. Although I was not receiving any benefits I was still assessed and was put in the support group (no need to look for work)

During this time I had no idea about any other benefits until someone mentioned PIP. I completed my forms in March last year and was awarded higher rate mobility and standard rate for daily living.

Now, onto my problem. I applied for UC in August 2023, waited for the tonnes of cash to roll in, only to be scuppered once again. Apparently my partner earns way to much (£2000) a month. NO rent or mortgage as we have paid the house off. I was called Into the local job centre soon after my claim and the advisor rang me from upstairs as I was waiting for her to tell me there had been a mistake as I didn't need to look for work. Unfortunately none of this shows on my UC account. My partner claimed for the carers component and this has now been added, but she still earns "too much". I have spoken to them 3 times and it's even in my Journal but I cannot get the LCWRA onto my claim.

Any advise and ideas? When I finally receive this component,  Will it be backdated?

Many thanks

Alan

Kimi87

The onus is always on the claimant to find out what they might be entitled to and make the applications. 

Did you appeal the fit for work decision after the reassessment? The letter with your results would have highlighted this option. I appreciate you were unwell during this time. 

"I was told that it would be at least 2 years until I would get any paid benefits"

that was incorrect advice.

Are you getting New Style ESA? 

Are you using ESA/UC interchangeably and actually you went through the UC assessment process and were placed in SG/LCWRA? 

What elements does your latest UC Statement show? 

There is a waiting period for LCWRA element after being awarded it, however UC is fully means tested even LCWRA. So if your partner earns too much then it's still possible that no UC will be payable. 

https://www.citizensadvice.org.uk/benefits/universal-credit/if-youre-sick-or-disabled/getting-universal-credit-if-youre-sick-or-disabled/