Are we receiving the correct entitlement — Scope | Disability forum
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Are we receiving the correct entitlement

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Philipfear637
Philipfear637 Community member Posts: 35 Connected
Hi 
Just asking someone to check to make sure we are recieving the correct benefits we are entitled to.
Me and my partner who live together as a mixed age couple both with registered disabilities were forced over to claim Universal Credit because working tax credit or the DWP stopped out WTC entitlement at the time .
We have received letters stating that we have had an overpayment of WTC to pay back.
We have done a mandatory reconciliation and asked the DWP to check there decision on this.
As a joint couple we were claiming working tax credit as a couple because of the WTC rules and have been for years,up to the date it was stopped. 
I rang up WTC and asked why our payment of WTC had not gone into the account,they said a mistake had occurred on there side with our data.
We both have received Ongoing Pip awards on separate Pip applications through the tribunal process awarded to us in both our favours by the DWP on both separate Pip applications. When the ongoing pip was awarded to us we both received letters from the DWP stating they had looked at the evidence on both Pip applications and decided from the evidence and extra evidence sent in by both of us on two separate Pip applications that they have awarded us both ongoing pip mentioned on both separate letters.
When we were awarded Ongoing Pip through the tribunal process we noticed that because we were already receiving Working Tax Credit on a joint account,an extra disability element amount of working tax credit was added to the working tax credit payment at that time by the DWP. We also received our new award notice through the post which shows we were awarded the new amount of WTC including the disability element.
A few weeks after that happened I received a letter from a WTC department saying they needed to check our entitlement and said they needed me to send them evidence of working hours and others stuff like anything regarding proving our income and  working hours,so I sent it back the evidence they had asked for. We then receive a letter saying the officer has decided that you have had a change of circumstances and not entitled to working tax credit and have asked us to pay back an overpayment for the past two years that we received working tax credit payments. I have sent in to WTC three mandatory reconciliation letters asking the department to look again at the decision or the WTC officer decision they have made on our claim.
We were told over the phone after speaking with the Working Tax Credit department that they could see on the system that a mistake had been made by the officer because he had not looked at the data that had been added by the DWP regarding the Pip tribunal process awarded in our favour where the DWP admitted due to there mistakes that could clearly be seen and admitted the mistake that the awarded us in our favour the Pip ongoing award to both of us. 
The officer dealing with our working tax credit renewal had awarded us working tax credit and the disability element showing in the new award letter I received at the time but no payment went into the account. 
This is the reason why we were forced to claim mixed age couple Universal Credit because of the mistake made with our Working Tax Credit and disability element claim that they admitted they could see on there system they had made.
We were awarded the disability element because I was still the working director of my company at that time.
 When the Universal Credit department received our mixed age couple application,my partner explained what had happened with our Working Tax Credit payment and we were waiting for an explanation knowing they had admitted the mistake with our claim,but we were told they would sort this out. 
They haven't sorted this out and we have been advised we can not go back to our working tax credit claim even though it was not us who made the mistake with our working tax credit claim.WTC admitted to us a mistake had been made on there side.
While we have been claiming Universal Credit as a joint mixed age couple,my partner who also has registered disabilities gets her state pension and she has been awarded LCWRA because she gets her pension as per the rules.The officer dealing with our UC claim has said in our joint journal that LCWRA has been awarded to my partner he can see that already in the statement of entitlement,but the payment has not been paid yet to our rent account for what ever the reason so he would escalate that problem to the UC or DWP payment department dealing with the payments.
During our Universal Credit application the department sent a message to our journal,saying we had been advised wrong when we visited as a couple together on our visit to the jobcentre we were asked to visit with our identification.
The UC then arranged another visit because they had made a mistake not realising we had visited the jobcentre previously together although at that time my partner spoke for me because of my ongoing disabilities of suffering a Stroke which has affected my speech. My partner gave my identification evidence to two officers at that time who said they were awarded of our disabilities and we did not need to do anything further,just to keep checking the journal and to declare any income.
I was also asked to provide a sick/fit note from my doctor which was scanned at the second interview by the Universal Credit officer when we went down again to the jobcentre on the arranged date. 
My doctor has also sent the second three months fit/sick note automatically for me which has been accepted by the UC department who acknowledge it in the joint journal as been accepted.
I was then sent a health assessment 50 form from UC to fill in and I did and sent it back to the health assessment department that deals with health assessments.
I have received a letter from the health assessment department asking me to go for a health assessment which has now been rearranged to another date because I am not well enough.
My doctor has been supporting me through my Stroke reabilitation and has also arranged many appointments for me as an outpatient and also advised and provided supporting evidence already to the DWP regarding my disabilities and my partners disabilities too.
We both have disabilities and are registered and I am registered under the healthcare team arranged by my doctor and doctors healthcare team at the surgery I visit. I am also a registered diabetic and have a diabetes team that monitor my insulin and tablet medications for my health diabetes treatments and medication I have been prescribed for my stroke diagnosed through an MRI scan arranged by my doctor.
We have just received our yearly statement from Leeds City Council,and after checking the payments they have received for the year,there is no payments that show have been made from the Universal Credit payment department towards  our housing and it states on our entitlement that they will pay an amount to our rent account. 
I have checked the dates and nothing yet has been paid from the UC  payment of benefits department. There has been no payments right back since the date our housing benefit was stopped because of the mistake on our working tax credit claim that was also stopped.
So at the moment our UC statement shows this
As we are a mixed age couple over 25 years we get the rate for this added to our statement of entitlement. That shows
We also get the LCWRA extra added for my partner as she gets her state pension.
They then take off my partners state pension she recives.
They then take off the working tax credit overpayment they say we owe(this is a mistake admitted by WTC officer and this should not be happening)
UC show in our statement they are paying part of our rent to Leeds City Council.And we then have to pay the remainder to make up the full monthly rent payment to our LCC joint rent account.
That leaves 0 payment of Universal Credit to us that shows on our statement of entitlement.
After checking our LCC rent account from our recent LCC rent letter they have sent to us in the last couple of days, our yearly payments statement,there have been no credits of housing payment made by UC or the UC payments department showing being made towards our housing costs made into the LCC joint rent account we use for paying our rent.
The UC statement of entitlement shows that UC will pay an amount to LCC and that has been deducted of our entitlement but as I say nothing showing since we have claimed UC in our rent account. I know there is a period we don't get anything but we claimed UC back in September 2023 through our journal and although it shows UC will make the payment there is nothing showing in our joint LCC rent account that shows UC payments have made the housing payment because it would show under benefits paid section on our joint LCC rent account statement and at the moment nothing paid in by UC department although on our journal it says they will pay the amount they have deducted from our UC awarded as a mixed age couple claim.
I know there is a lot to take in here but just wondering if someone could take a look to see what the problem is with this and has anyone else had this problem with there mixed age couple UC and health payments and payments not being paid into the Leeds City Council rent accounts from the UC payments department who pays the amount they say they are going to pay.








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Comments

  • Philipfear637
    Philipfear637 Community member Posts: 35 Connected
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    Sorry I don't know if I'm doing this message right I have just seen a mistake in my previous post in part where I have typed this and I quote
    "We were told over the phone after speaking with the Working Tax Credit department that they could see on the system that a mistake had been made by the officer because he had not looked at the data that had been added by the DWP regarding the Pip tribunal process awarded in our favour where the DWP admitted due to there mistakes that could clearly be seen and admitted the mistake that the awarded us in our favour the Pip ongoing award to both of us". 
    It should say that another officer dealing with this could see a mistake had been made with the decision making.
    Reason was that the officer dealing with decisions had not seen the tribunal process awarded by the DWP in both our favours and so made the wrong decision to stop our Working Tax Credit.
    Because of this massive mistake made by the DWP or WTC department has now led to a miss carriage of justice were we are now being penalised by the mistake they have made with our claim by the that department or officer of that department  making decisions for that department who got it wrong.The WTC or DWP department are still deducting overpayments they say we owe from our mixed age couple Universal Credit account each month,when it has already been acknowledged they have made a mistake because this should not have happened and they are aware of this problem and to be patient while they try to fix it and put payment back we have lost by way of compensation up to the date we claimed  mixed age couple Universal Credit. To also remove the WTC overpayment sanction that has been added to our joint mixed age Universal Credit Claim.
  • poppy123456
    poppy123456 Community member Posts: 54,237 Disability Gamechanger
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    That's a lot of information to take in. I'm afraid I can't advise on your WTC and for this you'll need to get some expert advice from an agency near you because it's a complicated situation. This will help you find what's local to you. welfare-benefits

    Even though it was an error claiming UC, unfortunately, you will not be able to reclaim Tax credits because it's now ending for everyone and managed migration has already started for this. 

    I also see that you are currently providing fit notes for UC. Are you aware that even if you're found to have LCWRA then you will not be entitled to any extra money each month because you can only receive 1 LCWRA element per claim and your partner is already receiving this. Can I please check that the LCWRA element is now included in your statements each month?

    As your partner is also claiming daily living PIP, if you care for them for at least 35 hours per week you will be able to claim carers element of UC. This will increase your maximum UC entitlement by £185.86/month. 

    You also mention that UC are not paying anything towards your rent. Put a message on your journal under service issues and ask about the housing element being paid to your landlord.
    Have you been paying the shortfall of rent yourself? 


    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.
  • Philipfear637
    Philipfear637 Community member Posts: 35 Connected
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    Hi poppy123456
    Thank you for your reply.
    I checked the UC statement of entitlement on our mixed age couples Universal Credit account and yes the LCWRA has been added to the statement,it says my partner has been awarded LCWRA,and neither of us work so I have added 0 income on the UC joint claim every month since we claimed it. The UC officer has left a message and mentioned in our joint UC journal a message that he is aware that LCWRA has been awarded to my partner as she qualifies because she gets state pension and has disabilities and awarded ongoing Pip. He said he would send a message to the payments department and that was sometimes ago.
    We have been sent our yearly rent payment statement we get from our Leeds council housing rent office which shows what has been paid. I can not see any payments or credits amounts from Universal Credit paid in to our joint rent account, although in the UC statement of entitlement it says that UC will pay part and we pay the difference. My partner has been paying our full rent while we were waiting for the housing payment from UC payments, we haven't had any payments since housing benefit payment we did get was stopped because of the WTC mistake. I understand that we can not go back to our joint working tax credit account or payment because we have made a claim for Universal Credit as a mixed age couple,because of the mistake with our WTC claim which included the disability element added by the DWP through the tribunal Pip claim awarded to both of us in separate Pip applications where the DWP awarded us in our favour the ongoing Pip award.
    I think that what you are saying is that there can be only one person can be awarded LCWRA and as the statement of entitlement says that the highest amount £390.06 has been awarded to my partner because in a joint or mixed age couple UC claim the one who has reached state pension age will be awarded LCWRA and it looks like my partner has been awarded LCWRA because our UC officer says he can see that on there system,mentioned in a message on our joint journal.
    Although it shows in the UC statement of entitlement that my partner has been awarded LCWRA,and the highest amount £390.06 has been added to our statement which says for " limited capability for work related activity" the payment amount towards our rent which shows they will pay direct to our Leeds City Council rent account that has been deducted off our entitlement does not show on our joint LCC account as being paid.
    We have only just got our yearly statement from LCC and there has been NO benefit payment added by UC or the payments department to our Joint LCC housing rent account.
    I think you have mentioned that I will have to claim the carers element to get the extra entitlement for my partner as she has been awarded both the ongoing daily living  Pip allowance and also the standard ongoing Pip  mobility.
    I also have been awarded in my favour ongoing Pip daily living by the DWP.
    I think I have answered your questions poppy,but if you need me to send you any further information,about this to help you advise,please let me know.
    I appreciate the help you have provided here already because this has been an absolute nightmare which hasn't done my health much good either,worrying about what is going to happen next with our entitlement.

  • Philipfear637
    Philipfear637 Community member Posts: 35 Connected
    edited March 1
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    Hi poppy
    I have just looked at our Joint mixed age couple statement of entitlement and here is what it shows what I have copied and pasted below. As you can see they are taking WTC overpayment from our joint UC account and we have done a Mandortory Reconciliation for the wtc account that was stopped by mistake.We told UC about this at our interview and told them the DWP were aware and this mistake should not be happening because the department admitted to us they were aware of the WTC mistake with that WTC account they had made and also told us they would put this right because it was a mistake made by the DWP with our benefits that we were entitled to that had been awarded through the tribunal process in our favour.
    This is the UC statement of entitlement that shows in our joint journal payments

    [removed by moderator - requested by poster]
  • poppy123456
    poppy123456 Community member Posts: 54,237 Disability Gamechanger
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    You need to contact your landlord to ask if any payments are being received from UC. If not then you will need to put a message onto your journal to ask them why it’s not being sent.

    For the carers element you need to log into your journal to report a change of circumstances. Then click caring for someone and report caring for your partner. Your UC will then increase by £185.86/month.

    Again, I’m afraid I can’t advise about Tax credits. 
    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.
  • Philipfear637
    Philipfear637 Community member Posts: 35 Connected
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    Hi poppy123456
    I have just done what you have advised and added a message to our joint mixed age couples UC journal asking UC to let us know why the housing allowance that has been deducted from our statement has not been paid to Leeds city council rent account we use. There has been no payments showing on our Leeds City Council joint rent account statement because we have only just received that from LCC and there is no benefit or housing benefit or housing allowance that has been paid into the account from Universal Credit. On our UC statement of entitlement it does show they will make the payment into the Leeds Council Housing rent account towards our rent. We have asked the UC payments to check to see what is going on and where are our UC housing payments.
    Thank you for your advice and I will post again to let you know what UC department about this problem and  let you know if they respond to my message I have left on our joint UC journal today.
  • Philipfear637
    Philipfear637 Community member Posts: 35 Connected
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    How do i edit messages I have added on this community as I can see some words have been changed or I have not typed the message right maybe. So would someone show me how to edit the messages I've posted please.
  • Kimmy87
    Kimmy87 Community member Posts: 315 Pioneering
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    How do i edit messages I have added on this community as I can see some words have been changed or I have not typed the message right maybe. So would someone show me how to edit the messages I've posted please.
    You only have 15 minutes to edit posts I'm afraid. 
  • Philipfear637
    Philipfear637 Community member Posts: 35 Connected
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    Hi Kimmy87 
    Thank you for your reply saying you only get 15 minutes to edit messages. Where do I find the edit button on the messages profile so I can check and edit my messages before I send them.Could you direct me to where this edit button is on the community forum please if you know,would you send a message back please,thank you.
  • Philipfear637
    Philipfear637 Community member Posts: 35 Connected
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    Hi Kimmy87
    The edit button was showing where the preview button is now so does that button change so you can edit before you send or post comment. So just realised what to do. If I'm right when you type I need to press preview and the edit button then shows.I have 15 minutes then that I can edit the post or message before i post,if I've got that right.Thanks for your information on how I edit I think I know now what I need to do before sending messages,thank you.
  • poppy123456
    poppy123456 Community member Posts: 54,237 Disability Gamechanger
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    Hi Kimmy87 
    Thank you for your reply saying you only get 15 minutes to edit messages. Where do I find the edit button on the messages profile so I can check and edit my messages before I send them.Could you direct me to where this edit button is on the community forum please if you know,would you send a message back please,thank you.
    The edit button will not appear until you've posted your comment. Then it will be on the top right hand corner of the box were your comment is, this is assuming that new members can edit their comment but I'm not sure if they can. 

    If you need a comment editing or removed then you can contact one of the scope team or email them at community@scope.org.uk and ask them to either edit or remove that comment.
    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.
  • Philipfear637
    Philipfear637 Community member Posts: 35 Connected
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    Hi Kimmy87 
    Can you delete messages that I have already added to the forum as I did not know that some information can be seen by others as I thought when I post it would only be seen by those who are messaging me.Is it possible to send my messages on scope and keep some data private.
  • Kimmy87
    Kimmy87 Community member Posts: 315 Pioneering
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    Hi Kimmy87 
    Can you delete messages that I have already added to the forum as I did not know that some information can be seen by others as I thought when I post it would only be seen by those who are messaging me.Is it possible to send my messages on scope and keep some data private.
    I'm a forum user like you, not part of the Scope team so I cannot help.
  • Philipfear637
    Philipfear637 Community member Posts: 35 Connected
    edited March 1
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    Hi poppy123456
    I have sent a message to poppy123456  showing our UC statement of entitlement and there is some financial information I thought was going to be kept private.I think I've sent the message to poppy and might have done this wrong because I have cognitive health conditions caused from my Stroke. I have tried to send the community moderators an email message but all the messages data I paste and copy doesn't work.So if you would could you ask the moderators to remove the message data I posted. Here it is but only part of the message is showing and I would like all of the data to be removed as I did not know that everyone can see that financial data,I just thought only me and you can see it.As it is a joint couple UC account the UC statement data I posted to you shows my partners data because my partner I live with takes care of my financials because of my cognitive health problem. So would you take a look and it is the statement of entitlement I posted that I would like removing please,sorry about this I will try to be more careful when I ask for advise as I did not really know how this works.

  • poppy123456
    poppy123456 Community member Posts: 54,237 Disability Gamechanger
    edited March 1
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    When you post threads here or comment on threads you are posting on a public forum so anyone can read it, even those who are not members.

    You didn’t send me a private message because you are unable to do that at the moment because you need 25 points to be able to do that and you only have 16 points. I also do not advise anyone through private message anyway and the scope team do not support anyone to do that. It’s always better to advise on the forum itself.

    The last comment you made is far too long for me to even begin to read so I’m afraid I didn’t read that. 

    I’ll tag a member of the scope team who will be able to delete some comments for you. @Jimm_Scope @Hannah_Scope @Rosie_Scope @Albus_Scope please can you help here? 

    You haven’t posted any personal information such as names or addresses so please try not to worry. 
    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.
  • Philipfear637
    Philipfear637 Community member Posts: 35 Connected
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    Hi Poppy sorry about this again,I am trying my best to explain our circumstances but had not realised that I had added some of my partners data as she is the other half of our Mixed age couple UC claim as per there rules. As I added it not knowing what you have said in your message I am just asking for that statement data to be removed please and I do not know how to do that.I did try earlier but would not paste and copy to the email I was trying to send a moderator to remove the data,when I tried to paste the message and then copy to email it missed off the info I want deleted. Anyway thank you for asking a moderator to do this for me much appreciated and thank you for this good advise on our circumstances too it all helps trying to sort out the mess we have been put in regarding both are UC benefit entitlement with registered disabilities.
  • Philipfear637
    Philipfear637 Community member Posts: 35 Connected
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    Sorry poppy123456 I keep forgetting to add the 123456 on to poppy,I will try to remember next time I send you a message when I get an answer from UC. Thanks again for your help
  • Hannah_Alumni
    Hannah_Alumni Scope alumni Posts: 7,912 Disability Gamechanger
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    Hello @Philipfear637 I've tidied your comment up for you :) 

    I'm very sorry I was a little confused reading your post, Can I ask is it everything under the What you're entitled to that you'd like removing? or do you think you've messaged it? 
    Hannah - She / Her

    Online Community Coordinator @ Scope

    Concerned about another member's safety or wellbeing? Flag your concerns with us.
    Want to give us feedback? Complete our feedback form now.
  • Philipfear637
    Philipfear637 Community member Posts: 35 Connected
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    Hi Hannah
    Yes it's everything under the uc statement of entitlement to remove please because I did not fully understand how the messages worked and that data is my mixed age partners data I copied from our UC journal statement.I was just trying to help poppy123456 so she could see and advise us on our mixed age couple on what shows on our UC statement of entitlement as we both live together as a mixed age couple both with registered disabilities and Uc benefit entitlement.
  • Hannah_Alumni
    Hannah_Alumni Scope alumni Posts: 7,912 Disability Gamechanger
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    I have removed that for you @Philipfear637.

    Welcome to the community :) I'm glad Poppy has been able to help with your query <3
    Hannah - She / Her

    Online Community Coordinator @ Scope

    Concerned about another member's safety or wellbeing? Flag your concerns with us.
    Want to give us feedback? Complete our feedback form now.

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