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Migration with partner on PIP -- no clear advice found

sector0p

Hi,

As many have said, moving to UC is extremely stressful and worrying.

I used to get severe disablement allowance. I was transitioned to support ESA (indefinitely) about 5 years ago, following assessment.

My husband gets enhanced rate of PIP for both mobility and living indefinitely. There has never been a need for him to apply to ESA because we were treated as a couple, he's on PIP, and there was no expectation for him to look work due to complex medical needs. Nor would it have led to an increased allowance.

This is the problem and worry as part of the migration to UC:

I should be put into the LCWRA group automatically. And have no concerns about work commitments, especially as I can also show I'm a carer to my husband who is on enhanced PIP.

But what will happen to him? Despite him having enhanced PIP, a note put in the UC journal, and his health conditions and treatment put in the migration form, is he really going to have show work commitments? He has to go to hospital several times a week.

I know they won't take PIP into account for extra money, but do they take it into account in terms of his ability to work?

Here's already been called into the Jobcentre in the coming days. We've put a note in the journal, and also asked for a 'reasonable adjustment' under the equalities act that this should be done by phone with a carer present.

And experience or insights into such a case? I can't find anything online as usually someone on PIP would probably have been on ESA too ( I guess) but in this case, it's me on support ESA and him on PIP only.

Or are they likely to start asking for fitnotes for him and ask him to do yet another WCA despite him being on enhanced PIP?

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Comments

Kimi87

Unless he goes through the WCA process and is found to have LCWRA, he will be treated as able to look for work, unfortunately his PIP has no bearing on UC work capability.

He needs to report his health condition ASAP and supply a Fit Note.

Please note although him getting LCWRA will remove him from any work expectations, no extra money will be payable as the maximum number of LCWRA elements payable in a couple is one.

Also you cannot get Carers Element for yourself under UC, as the same person cannot get both LCWRA & CE.

sector0p

Thank you for the reply. Yes, I understand that I'll not get Carer's element and LCWRA, although there should be transitional protection to ensue we are not worse off.

And I've gathered also that him getting LCWRA won't bring in extra money for him given that I should have LCWRA.

It's not really a money thing, we can manage on the allowances. It's really a stress and hassle thing, the idea that someone under specialist weekly care, and on enhanced PIP is going to have to go to the job centre. I don't know how we will manage this.

Can we push for reasonable adjustments to be made and for it to be done by phone?

And is the only way for him to not have to worry about showing work commitments going through another WCA with UC this time? Or do the work coaches have any discretion (or compassion) here?

Kimi87

You can by all means push for a telephone appointment.

Unfortunately while he may get an understanding work coach, there is no guarantee that person won't leave and he then gets someone unreasonable etc.

They can also only do so much - I had to go in initially and while mine turned off all the work commitments that she could, the system mandated another appointment be booked in a weeks time (which was later cancelled as my ESA status went through).

I think any Work Coach would recommend he start the WCA process, and in my opinion him going through that is the best way.

sector0p

Thank you. Here's a follow up question.

He got PIP after in person assessment fortunately with someone who understands his condition. He has a rare, inherited haematology disease for which he has to be treated in a national centre. A GP and normal (smaller) hospital is unable to treat. He has to go to hospital 2x week for testing a treatment, he's often an in-patient. The condition has a high mortality rate, he's almost lost his life several times, and several of his family members have died in their 30s. He's also had multiple brain clots. Damaged kidneys from clotting. He's had a stroke (at an early age). He also has mitochondrial dysfunction and is under another centre for that one of only 6 in the country.

On paper, he looks severely ill. And it affects him day to day in what he can do. But he has tremendous willpower and he doesn't look ill, especially as he's part of the university gym where they have specialist machines and trainers for people like him.

He was a high achiever, so at times his brain can be extremely sharp, at other times, it doesn't work, and he's in memory clinic for this (one of only 2 in the country). He also has seizures and loss of consciousness, which is a big problem for us. It sounds dreadful to say that I hope he's having a bad day if he does the WCA.

So, if he goes for a WCA test, they might fail him (a doctor never would, frankly), and say he's capable. Would this have an effect upon the PIP? Would it trigger a review? We just find all these assessments so worrying, especially as it sometimes seems people are meeting targets.

Kimi87

Failing a WCA for UC would have no impact on PIP.

They are different assessments with different criteria.

These are the criteria for LCWRA

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

sector0p

Just a follow up question.

Moving to UC, I understand I cannot get carers allowance/uplift being on LCWCA.

However, we have a 21 year old son who is a part time student at university, who definitely cares more than 35 hours a week, especially with his driving. Due to his age he’s not on the UC claim. And does not claim anything himself.

Am I right in thinking that he could claim carers allowance now due to my husband’s enhanced PIP. It wouldn’t impact UC at all. And actually as a family we would be better off as the carer’s premium/allowance would now go as a standalone payment to our 21 year old son?

Kimi87

How many hours is his University course?

Kimi87

sector0p

under 21 hours a week.

Rachel10876

https://forum.scope.org.uk/discussion/127895/migration-with-partner-on-pip-no-clear-advice-found

Hello There,
Im the opposite way around, I’m the one claiming pip and my husband is my full time carer. We too have had a letter to migrate before February 14th. Not that much time left. I do know that I have to claim it first then I have to do my husbands claim for uc then I have to claim a joint claim that’s what they have said what to do. My husband too has medical issues and mental health issues too but I’m worrying about my claim for him to.
Just wondering if you knew about asking for a phone assessment instead of going into job centre you can definitely ask for that make sure you do and let me know what they say about that. I’m totally dredding it because DWP ain’t got a clue what they are doing with this UC.

Rachel10876

https://forum.scope.org.uk/discussion/comment/966936#Comment_966936

Carers allowance does not get stopped it carries on as normal your husband will still be claiming it for you xx

Kimi87

https://forum.scope.org.uk/discussion/comment/966931#Comment_966931

If it's under 21 hours then yes he should be eligible to claim Carers Allowance.

poppy123456

If the course is treated as full time then he will not be able to claim carers allowance.

https://www.gov.uk/carers-allowance/eligibility

jojoe47

We had a migration letter also and I am on pip

And my partner is my full time carer. My partner gets carers allowance and I was on his income support claim I also receive pip enhanced daily living and standard mobility and we have a 13 year old son . When we migrated over I was put on to a work coach but my partner as my full time carer did not have a work coach and I had. “To do list” and an appointment at the job center to meet with work coach so I explained my situation on my journal and my appointment was then changed to a telephone appointment.

poppy123456

https://forum.scope.org.uk/discussion/comment/967125#Comment_967125

Have you reported your health condition and provided a fit note? This will start the work capability assessment process off and you should be referred for this usually around 29 days later.