When to apply for Universal Credit

zak1

Hi,

Bit of background. I've had depression for 5 months, quite severe, was with local mental health crisis team for a few months, had private counselling, bereavement counselling, IAPTS cbt, and now IAPTS counselling. Starting medication. Have letters of evidence from all

(I also have an inguinual hernia where I cant walk far, though that will maybe be operated on in a fortnight, though is then likely to be 6 months before Im fully able to walk normally)

I'm currently on legacy benefits of working tax credits and housing benefit (as UC not in my area yet - had the leaflet, but not the letter of migration yet) whilst self employed

I havent yet applied for UC 'not fit for work on mental health grounds' as I wasnt able to comprehend the application procedure, it all looked terrifying in the state of mind I was in

I am a bit better now mentally so looking at the possibilty of applying

My hope is that:
- I would be put in the LCWRA group (thus getting the extra income that would really really help my mental health) on mental health grounds. My GP has said she will do everything she can to show the DWP I am but not fit for work.
- If denied this I would be allowed to carry on with my business without the Minimum income floor applied for a year. I could probably cope with this (I have a slew of evidence of how I've been running my business before I got ill. It wasn't making much money but that's because I was building it, and can show the business leads of tens of thousands of pounds I had at the time of becoming ill)

My great fear is that:
- I would both be denied both LCWRA, and not allowed to run my business and forced to look for work. I will then have been taken off a secure (for now) benefits income to being asked to do something I can't do. I see lots of stories about this on here.

I see it as a gamble that could work out good, but also backfire

Any opinions or experiences of anyone with Universal credit and depression/self employment or any points of law I need to know about would be greatly appreciated

Thanks

poppy123456

zak1 said:

I'm currently on legacy benefits of working tax credits and housing benefit (as UC not in my area yet - 

That's not correct. UC is now in all areas and has been since December 2018. 

You shouldn't really claim UC until you receive your migration letter. Unless you use a benefits calculator to check entitlement just incase you will be worse off. If it shows you will be worse off then you shouldn't claim it until you receive the migration letter, which could be anytime in the very near future. 

 Those claiming Tax credits are expected to receive their letters by end of April 2024, I believe but whether this is achieved is anyone's guess. 

 Once you receive it you will have 3 months to claim. If you claim by the date in the letter and you're worse off on UC you will receive Transitional Protection. 

 When you do claim it, if the earnings you receive are more than 16xNMW per week then you will not be able to be referred for a work capability assessment unless you're claiming a disability benefit such as PIP, DLA or ADP.

zak1

Hi Poppy

Ok thanks, yeah UC is in my area, had the leaflet, but not the migration letter yet.

Have done the calculation and is about same on uc so not worried about that really, just wondered if anyone self employed with mental health difficulties has experience of moving to uc. My income is very low currently  

Thanks

poppy123456

As self employed you will need to attend a gateway appointment when you first claim to discuss your self employment. If found to be gainfully self employed you'll have a 12 month start up period where the minimum income floor will not apply to you. See link. https://www.gov.uk/government/publications/universal-credit-and-self-employment-quick-guide/universal-credit-and-self-employment-quick-guide

As self employed you will need to report your earnings and expenses on the last day of each assessment period. 

When you claim UC you will need to make sure you report your health condition, provided by a fit note within 7 days of that. You must make sure you continue to send the fit notes without any gaps until a decision is made on your work capability assessment. 

If your earnings are less than 16xNMW/week then you will be referred for the WCA usually around day 29 of your claim. Once you receive the UC50 form in the post you need to make sure you fill it in and return it with all your information and any additional evidence you have. More information here. https://www.gov.uk/government/publications/universal-credit-if-you-have-a-disability-or-health-condition-quick-guide/universal-credit-if-you-have-a-disability-or-health-condition

zak1

Ok thanks poppy