Totally confused

wonkydaze

Our household has been asked to migrate to UC from WTC. I have been trying my best to find out what to expect but I believe our situation is quite complicated. I'm at the stage where I don't even know what to ask because I am so overwhelmed with my usual day to day life that this change is going to be really traumatic. I claim PIP due to a chronic autoimmune illness which affects me physically and my partner claims carers allowance. One of our children has an autism diagnosis and gets DLA (mc/lm) which I believe he has inherited via his father but he's undiagnosed and pretty much in denial about his struggles. His father has also been diagnosed with bipolar which is fast cycling and he goes up and down every month. He refuses to engage with doctors but has been prescribed meds. We are both self employed, the business used to be very successful but over time he just can't manage the interpersonal stuff and due to COVID, sales fell to almost nothing. I have to do pretty much everything to do with admin, accounts tax etc because he can't do any of that due to anxiety. 

I've already written an essay and I haven't begun to ask any of the questions. I've just read a lot of UC posts and feel better about some things but totally clueless about others e.g will I need to provide fit notes for a month when we transition if I want to be in the low work category? We live in the middle of nowhere and I am panicking about the GP providing these notes. Will my husband be left alone because he is a carer? He really won't cope with a lot of stress. He has a business account which has a float for covering expenses does that money count as savings? It's about 1k but will this be looked at as well as our current accounts which are around 5k, sometimes we have very big expenses due to oil boiler and running a car and need to have money to cover these. We are both very worried. Thanks for reading and any advice you can give

poppy123456

You will need to make sure you claim UC no later than the date in the letter. If you don't your Tax credits will stop.

As you are both self employed you will need to report this when you claim UC. You will then need to attend a gateway appointment at your local job centre with a work coach. During this appointment you will be asked questions about your self employed work. If found to be gainfully self employed you will both need to report your earnings and expenses on your journal on the last day of each assessment period. There's some information here. https://www.gov.uk/government/publications/universal-credit-and-self-employment-quick-guide/universal-credit-and-self-employment-quick-guide

Your husband will also need to report being a carer and then your UC will also include carers element. He will have no work commitments as a carer. His Carers allowance will be deducted in full from any UC entitlement. 

You can report your health condition, provided by a fit note within 7 days of that. You must then continue to provide them without any gaps until a decision is made on your work capability assessment. However, this could take several months. If found to have LCWRA then you'll be entitled to extra money from the 4th month of your claim. With this option, you will be treated as a job seeker and it will be your work coaches discretion to either turn off or reduce commitments. Some do and others don't. 

However, if your UC includes any Transitional Protection then if other elements increase or you become entitled to other elements the TP will decrease until such a time it will erode completely. If found to have LCWRA then this may erode the TP completely but it will depend on what (if any) TP is included. 

There is another option, if your PIP includes the daily living part. However, for this your partner will need to stop claiming carers allowance. You can claim carers element of UC for looking after your son and your partner can claim it for looking after you. This way, both of you will not have any work commitments. 

Unfortunately, your day to day living expenses is not taken into consideration for your UC entitlement. If you have savings of less than £6,000 they will be ignored. For every £250 or part thereof over £6,000 there's a £4.35/month deduction in your UC. 

Is the money you have for your business, in a business account? 

wonkydaze

Thank you for replying, the money is in a separate account but not a business account. He was told it doesn't need to be a business account for tax purposes just separate. I don't know if that's different for UC.  

I receive middle daily living, lower mobility but my claim is due to renew sometimes soon. It was extended due to backlog but I don't really trust the new date. So again I have no idea how that affects UC claim if PIP runs out or I have to go to tribunal etc. I know I'm catastrophising but without information it's difficult to make plans. 

I read that cost of living payments aren't counted, does that mean from when you are claiming UC or money in your accounts from before claiming UC?

Also I just thought of another question. My son's DLA is paid to me should it be paid into an account for him? It seems unfair that his money will be counted as income for his parents I try to pay for his needs with that money.

poppy123456

If your total capital/savings are more than £6,000 you will need to report this when you make your claim. If some of it is for your business then it will be down to a decision maker to decide whether it's disregarded. If your total savings are not more than £6,000 it's irrelevant anyway. 

If it's PIP you're claiming then there's no such as award as middle daily living or Lower mobility. For PIP isn't either standard or Enhanced. When it's time for your review your PIP will continue until a decision is made on the review. If the daily living stops and your partner is claiming carers element for looking after you then this will stop. 

All cost of living payments are disregarded from means tested benefits indefinitely. 

Your son's DLA money. If the payments go into a bank account in either your name or your partners name then they will be counted as savings. If it's paid into a bank account in your son's name and you don't have access to it then they will not be counted. 

One other thing I should point out. If you claim carers element for looking after your son and report your health condition, if found to have LCWRA then then you won't be entitled to both elements. In this case only the highest element is paid, which is the LCWRA element. 

wonkydaze

Sorry, I got confused with my son's DLA. I do get daily living. Thank you Poppy, you've been really patient and helpful.

Hannah_Alumni

Hello @wonkydaze

Welcome to the community! I see Poppy has been great and able to help! I just wanted to welcome you and let you know, if you every feel you need support, please don't hesitate to reach out. 

I hope you can make some great friends here on the community