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Migrating to UC

CarolMCW

Hi, my son is on PIP and gets the higher amount on both elements. He is self employed and works part time and gets tax credits. He was told he'd be migrating to UC at some point. He doesn't claim ESA so he isn't classed as LWRCA.

My question is, when he migrates to UC, will he have to earn the equivalent of minimum wage (he doesn't at the moment) per week and if he doesn't will he be told to look for employment even though he is on PIP.

thank you

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Morgan_Alumni

Good afternoon @CarolMCW

As your son is self-employed and does not have LCW or LCWRA, he will likely be subject to the minimum income floor (MIF)

The MIF for Universal Credit (UC) is a system that assumes a certain level of income for self-employed people, even if their actual earnings are lower. The amount is typically set at 35 time the national minimum wage per week, but the amount can vary depending on a person's circumstances.

If he's self-employed but earning less than than his MIF, UC will calculate his benefits based on this minimum amount rather than his actual income. This means that, instead of receiving benefits based on his actual earnings, he may receive less support because UC will calculate using his MIF or actual earnings if these are higher than his MIF.

We have some more information about the MIF on our website or I'd be happy to answer any other questions you might have.

If your son has a limited capacity for work, it might be beneficial for him to undergo a work capability assessment as if he was awarded LCW or LCWRA the minimum income floor would not apply to him.

poppy123456

https://forum.scope.org.uk/discussion/comment/934387#Comment_934387

I"m afraid that's not quite correct. Once they claim UC they will need to attend a gateway appointment with a work coach to discuss their self employed work. During that appointment if they are found to be gainfully self employed they will have a 12 month start up period where the Minimum Income Floor (MIF) will not apply for the first 12 months.

As self employed he will be expected to report earnings and expenses on the last day of each assessment period. More information here.

https://www.gov.uk/government/publications/universal-credit-and-self-employment-quick-guide/universal-credit-and-self-employment-quick-guide

To start the work capability assessment process off they need to make sure they report their health condition and provide a fit note within 7 days. They must continue to provide fit notes without any gaps until a decision is made on the work capability assessment.

CarolMCW

Thanks for those answers. So getting PIP doesn't mean anything when you migrate to UC. He'll have to go through a work capability assessment? The fact that he was assessed on his mobility and daily living by PIP assessors mean nothing to UC? Wow

Morgan_Alumni

Thank you for adding on that information @poppy123456.

You're right; I should have included details about the start-up period and the initial Gateway Interview to determine whether they would be found to be gainfully self-employed. To keep my response brief and avoid overwhelming with information, I left them out, but on reflection, I definitely should have covered them. I appreciate your input.

Any questions @CarolMCW, please don't hesitate to ask.

poppy123456

https://forum.scope.org.uk/discussion/comment/934429#Comment_934429

Unfortunately not for working age people. They are completely different benefits.

@Morgan_Scope you’re welcome.

CarolMCW

Thanks folks. You'd think there would be some joined up thinking in the social security system where PIP assessments count for something. It would save them time and money to use the PIP assessment when transferring to UC.

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/939514#Comment_939514

They were considering that recently. Though it's a double edged sword, as although it would be quicker & easier to just use one assessment, it would also mean that each claimant would either get all or nothing, whereas at the moment it is possible to claim just PIP or LCWRA if you don't qualify for both. So there are pros and cons to changing the system in that way.