Hi, my name is lulubishopst! My young adult son has disabilities Autism and related difficulties...

lulubishopst

My young adult son has disabilities Autism and related difficulties. He claims UC whilst on his full time course and in his final year. He has been awarded 'limited capability for work' before he started his course. 3 and a half years later we havent been asked for a review. Not sure even the work coach is aware. As never been mentioned. He is in his final year from October 2024. But I got a phonecall to confirm they were closing his account because they said we should apply to student loan company for living costs. They've never said this before. I asked for a mandatory reconsideration and they are saying now they want 4 months of money back as they should not have paid him. But his circumstances has not changed and am worried they are going to ask for the whole amount back if I further challenge it. The work coach is not very interested unlike previous work coaches who were good with my son and tried to engage him in conversation. I'm his carer and been his appointee but they are now saying I have to go in and register to be his appointee even though i though it was done some years before. So the whole attitude and tone has changed. Can I also ask for someone who has disability training in someone who has complex social & communication difficulties. So he is now in debt. Can anyone advise if this is legal.

poppy123456

If there's a student maintenance loan available to him then it will affect his UC even if he doesn't take that loan. Means tested benefits do not replace student loans unfortunately. Many students have student loans.

Therefore, I'm afraid it's correct and yes he would have an overpayment for UC. They will calculate how much student loan he would have received and base his UC entitlement on that. Maintenance loans reduce your UC.

Disabled student allowances do not affect UC.

lulubishopst

Thanks for that information

lulubishopst

With UC my son had responsibility fir his portal and UC had my number for appointments. That was so my son could get used to it although it was a bit hard work. I've recently got the password off him as there were some issues and he was not coping well in general. scrolling down his journals in 2021 it was decided he would get LCWRA. But it was never mentioned and I don't remember receiving a letter. Will the current work coach know this? Can I ask for a disability work coach as she's so cold with my son and not at all like the previous work coaches. I just want someone who has some understanding of disability as feel his disability is not recognised from the odd comment they've made. I've got an appointment with her for an appointee. They've stopped giving him UC but his account is still open and he will finish his full time course in May which is not too far away so at least I can get this bit out of the way before then. Many thanks for your help.

anisty

Those in LCWRA group don't have any work commitments and therefore don't have a work coach.

That seems a bit strange if you are registered as his appointee in the past and now you're not?

I don't know what can have happened there. Maybe Poppy will know.

Reviews for LCWRA were suspended during covid and haven't resumed yet so that is ok that he has not been reviewed.

lulubishopst

Yes, and when I got a work coach who insisted my son comes in physically last September in his final degree year. He found it too much going in every 4 weeks and I could tell the whole tone had changed. They'd paid my son UC before he started his course and set up the LCWRA and was approved in September 2021 but because he had control of the portal I couldn't see it. He missed some things but luckily they had my phone number for appointments so never missed an appointment but before the new work coach they were phoning me just a couple of months in between not this every 4 weeks. I don't know how he would cope without me his mum. It's a bit terrifying as when I'm not here what would he do…

Thanks so much for replying

lulubishopst

Just to be clear I'm his appointee for his pips and I just assumed i was for UC as they always rang me and spoke to me on the initial physical appointments as my son has social & communication difficulties so would not speak when they rang him and always passed the phone to me...along with other issues he had i think that's why they set up the LCWRA and said they would just phone me. It was a lot of extra work when he started his music course and think I took my eye of the ball and just forgot about the LCWRA. I have put a note in his journal to ask them to refer to the LCWRA on the date its in there but not had any response as they've stopped paying him and said he now owes them 4 months money as they are not paying his final year..so was told they are closing his account 3 weeks ago but they haven't yet.

anisty

Hopefully Poppy will come along andclarify this.

I am in a similar position in that i was appointee for my son's pip from 2014 when he turned 16.

When he applied for UC through his support worker in 2019, the system flashed up that my son had an appointee for pip so the support worker could not proceed at the job centre unless i gave up appointeeship.

Someone from DWP came out to our house, took one look at my son and told me it was not a good idea for me to step down as appointee.

So i was then registered at appointee forUC too. Now i think there is something called CIS searchlight (?) that dwp use to highlight when a claimant has an appointee for one benefit and then they do automatically become appointee for all. But i'm not sure that was the case pre 2018/19.

To go into LCWRA, normally a UC50 work capability assessment needs done- was your son's claim during Covid?

It seems strange he has a work coach in this group. Could he be in LCW group?

Has all this stuff with his claim come about following one of the review checks where he has been asked for 4 months statements plus ID?

If so, they won't close the claim until they have concluded the review - they need to keep it open so further statements can be uploaded. It is a separate team, that review team and they will suspend further payments whilst they conclude the review.

anisty

PS - totally understand your worries for you son when you're no longer around - same boat here!

anisty

Also - being in LCWRA triggers an addidional monthly payment of over £400/month.

Can you see that additional payment on his past UC statements?

lulubishopst

This is what I got in my sons portal 3 yes ago

Kimmy87

For UC when you have a Journal to manage the claim all letters are sent electronically, uploaded to the Journal.

That letter confirms he has been given LCW - not LCWRA. This would have been awarded following a Work Capability Assessment, with UC50 form etc.

https://www.gov.uk/government/publications/universal-credit-if-you-have-a-disability-or-health-condition-quick-guide/universal-credit-if-you-have-a-disability-or-health-condition

LCW doesn't pay extra money and means appointments with a work coach.

Poppy's advice re the overpayment still applies.