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Migration letter help please

summersunflower

I have just received my migration letter and have to apply by mid August.

I literally have no idea what's best to do

My last TC payment is end of July, Income Support is the first week in August so do i wait until after then and apply within those dates?

We have two teenagers in full time education
My OH has a mental health condition, extreme anxiety and depression and as a result of this has not been able to work for the last 10 years, he receives PIP
I am his carer and receive carers allowance, TC and IS

I understand when we apply he will need a sick note - how do i go about getting this as his doctor has changed about 6 times, he doesn't have regular appointments anymore (he got a diagnosis and had appointments for about 6 years CBT, Psychiatrists, numerous mental health workers, councillors etc etc) but no one knows what to do with him so apart from prescribing mediation he's been left.so do i just message the doctors and explain we need a sick note for UC?

Do i need one too being his carer?

He doesn't go anywhere indoors as he has another extreme anxiety about catching covid and passing it on to our children as they have health conditions.

He is petrified of the assessment, will he be forced to go into the jobcentre?

Any advice much appreciated

(I am without internet for a couple of days so if i don't reply straight away i haven't forgotten, i will come back when i can)

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Comments

poppy123456

When you submit your claim for UC your first payment will be 1 month and 6 days later. Your IS will continue for 2 weeks, same for housing benefit, if you claim this. Tax credits will stop once you submit it. I'd advise you to apply once you receive your IS payment in August.

I note that your children have health conditions, are either of them claiming mid/high rate care DLA or PIP/ADP daily living? Once you answer this question I will be able to help you further.

summersunflower

Thank you for your reply.

No DLA or anything else for children.

No housing benefit.

Albus_Alumni

Heya @summersunflower and welcome to the community.

I can see Poppy is already helping you out here, but I just wanted to stop in and say hi. :)

poppy123456

https://forum.scope.org.uk/discussion/comment/868825#Comment_868825

Then your partner will need to make sure they report their health condition and provide a fit note within 7 days of that. They must continue to provide fit notes without any gaps until a decision is made on the work capability assessment.

Unfortunately, claiming PIP doesn't automatically exclude them from work commitments and until a decision is made on the work capability assessment they will be treated as a job seeker. It's a work coaches discretion to either turn off or reduce commitments some do and others don't. If they are asked to attend their local job centre then they can ask for a reasonable adjustment for a telephone appointment.

As a carer you will have no work commitments but maybe asked to attend your local job centre for your first appointment. After that you will have no further appointments.

summersunflower

https://forum.scope.org.uk/discussion/comment/869016#Comment_869016

Thank you, so just to confirm:

Me and my husband apply for UC online after my last IS payment in August reporting that my husband has a health condition that affects his ability to work

I will need to send in a Fit note from our doctor within 7 days of applying? (so do i wait until then to contact the doctor to ask for one)? Do i need to mention start and end dates for the fit note? (as i mentioned above his doctor has changed about 6 times, he doesn't have regular appointments anymore)

When he gets a Fit note, will that then not exclude him from being treated as a job seeker?

They will then send me a UC50 to fill out? (How long after me applying does this happen and how long do i have to fill it out and send it back?)

sorry for all the questions, i appreciate your help

poppy123456

If your TC is 4 weekly then claim after the payment in July. Your IS will continue for 2 weeks once your UC claim is submitted anyway. If your TC is weekly then it doesn't really matter when you claim.

Your first UC payment will be 1 month and 6 days after submitting your claim. You can request an advance payment but this needs to be repaid back and your future payments will be reduced.

Yes a fit note needs to be provided within 7 days, otherwise if they are found to have LCWRA then it can affect when the extra money is paid from. The GP should put start and end dates on the fit note anyway, unless they put indefinitely on it. When reporting fit notes they ask you to provide the details on it and then keep it just incase they ask for it.

I don't think it matters if they don't often see their GP as many people are the same but it doesn't mean they won't provide a fit note.

Unfortunately, a fit note isn't proof they have limited capability for work and the advice I gave in my previous comment applies.

Usually a referral is made for the WCA from day 29 of your claim. Sometimes it maybe later. Once it's made they will receive a letter on their journal telling them they have been referred. They will then receive the UC50 form in the post a few days later. You have 1 month to return it. Please make sure you send any supporting evidence with the form because they very rarely contact anyone for any evidence.

summersunflower

https://forum.scope.org.uk/discussion/comment/869057#Comment_869057

Thats crazy isn't it that even a fit note from the doctor doesn't stop you being a 'job seeker' do you know what makes a difference as to whether the work coach switches off work commitments or not during the initial process?

on the subject of the UC50 and evidence, as previously mentioned he got a diagnosis and had appointments for about 6 years CBT, Psychiatrists, numerous mental health workers, councillors etc etc) but no one knows what to do with him so apart from prescribing mediation he's been left since around 2019

Do i send in the evidence from then as we don't have anything more recent?

summersunflower

Also, with the eligibility of LCWRA, i'm sure he would qualify for at least 3 of the following with his mental health, but if it was just say 15 (d) would that qualify for LCWRA?

12. Coping with change.
Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day-to-day life cannot be managed.

13. Coping with social engagement, due to cognitive impairment or mental disorder.
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant.

14. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.
Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.

15. Conveying food or drink to the mouth.
(a) Cannot convey food or drink to the claimant’s own mouth without receiving physical assistance from someone else;
(b) Cannot convey food or drink to the claimant’s own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot convey food or drink to the claimant’s own mouth without receiving regular prompting given by someone else in the claimant’s presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to convey food or drink to the claimant’s own mouth without receiving:
(i) physical assistance from someone else; or
(ii) regular prompting given by someone else in the claimant’s presence.

16. Chewing or swallowing food or drink.
(a) Cannot chew or swallow food or drink;
(b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to—
(i) chew or swallow food or drink; or
(ii) chew or swallow food or drink without regular prompting given by someone else in the claimant’s presence.

summersunflower

could i also ask, for mental health, these are the ones that would relate to us for LWCRA,

(i'm sure he would qualify for atleast 3 of these)

But, is it if any one of the following are met? say it was just 15 (d) would that qualify for LWCRA?

12. Coping with change.
Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day-to-day life cannot be managed.

poppy123456

Yes, I agree it's crazy. It really depends on the work coach, some will turn them off and some will just reduce them. I don't think there's any specific that would prompt this.

Many people no longer attend appointments for one reason or another, just send what evidence you have. Make sure you fill out the form with as much relevant information as possible.

For the LCWRA descriptors only 1 needs to apply the majority of the time.

summersunflower

https://forum.scope.org.uk/discussion/comment/869016#Comment_869016

Morning,

Its getting closer to the time i need to apply for UC and i'm getting more nervous reading so much and i'm dreading it.

I read somewhere that if you get enhanced daily living for PIP you are automatically put in LCWRA, is that right?

My OH was 2 points off on his last assessment and we decided not to fight it as it was too much stress (Even though for the past 6 years it turns out he was entitled to it and they backdated it) but the newest claim was 2 points off (even though nothing has changed, if anything got worse) Is it worth me looking into this now or is it too late?

summersunflower

Edit:

I have just has a look at his award and he got 11 points (he didn't get anything for budgeting decisions even though he has nothing to do with this and couldn't do this. and was awarded 2 points for the last 6 years) but we decided to leave it as we weren't sure it was worth the stress of appealing.

But now obviously wishing we had.

do i just leave it and see what happens with UC?

poppy123456

The work capability assessment for UC is completely different to PIP. When was the most recent made on the PIP award?

summersunflower

https://forum.scope.org.uk/discussion/comment/884986#Comment_884986

I understand that but if he were on enhanced daily living for PIP he would automatically qualify for LCWRA? And i wondered if that's correct should i have fought for or should i still try and get the extra point needed to save having to go through the whole stress of WCA with UC?

His last PIP assessment was Feb 23 - 2026

poppy123456

A PIP award doesn't automatically entitle him to LCWRA unless he's of state pension age and above.

G3030 A claimant is treated as having LCWRA where1 they

have reached the qualifying age for SPC2 (see DMG Chapter 77) and
are entitled to
2.1 AA3
2.2 the highest rate care component of DLA4or
2.3 the enhanced rate daily living component of PIP5
.
1 UC Regs, Sch 9, para 5; 2 SPC Act 02, s 1(6); 3 SS CB Act 92, s 64; 4 s 72(4)(a); 5 WR Act 12, s 78(2)

See link and scroll to G3030 https://assets.publishing.service.gov.uk/media/637f9c3de90e072347c51913/admg3.pdf

If the decision on his PIP was more than 13 months ago he's out of time to challenge that decision. He would need to report changes to his health condition and go through another assessment. Please note that by doing this, once a decision is made his award could either be reduced, increased, remain the same or even stop completely.

summersunflower

Ok i see thank you, sorry i mis read it as didn't realise it was only for over state pension age.

summersunflower

Me again.

I've finally set up a UC account and am going through the stages (haven't actually applied yet). When it comes to the health section. do i list all conditions separately? ie depression, anxiety, insomnia, panic attacks etc? all individually?

Thank you in advance

Jimm_Alumni

Hi @summersunflower, I would list all conditions separately yes. They can otherwise make assumptions about what you are affected by.

summersunflower

ok thank you.

(on a separate note) I have recently had a hearing test which confirms i need hearing aids. would you list hearing impairment as a health condition?

Rachel_Scope

Hi @summersunflower. Yes, you should list your hearing impairment as a health condition.