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Do I have to claim uc

joanne4791
joanne4791 Member Posts: 8 Listener
i am in the process of an appeal for my sons dla he has autism his dla stops on 18 December I claim CA and IS. I've already had a letter saying the carers will stop and expect a letter from IS anytime soon. I was told by CAB that I would then have to make a new claim for UC but in doing so my appeal will then be stopped. I'm at my wits end and my mental health is not good. Any advice would be appreciated. 
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Comments

  • [Deleted User]
    [Deleted User] Posts: 118 Listener
    Hi Joanne
    sorry to read your circumstances it is all a stressful situation all the changes with benefits . Im sure someone eles will  give you the advice you need as there is some knowledgable people on her. 
  • poppy123456
    poppy123456 Member Posts: 28,465 Disability Gamechanger
    Why will your appeal be stopped if you claim UC? Sorry, i'm not understanding this part.

    Is your son transferring from DLA to PIP or was it a DLA review and he's been refused?
  • joanne4791
    joanne4791 Member Posts: 8 Listener
    It was a DLA review
  • poppy123456
    poppy123456 Member Posts: 28,465 Disability Gamechanger
    You'll need to check what's in your area, if it's a full UC area then you'll have to claim UC and not JSA. If it is a full UC area then housing benefit, child tax credits will transfer to UC. There's a 5 week wait for your first payment.

    Claiming UC will not have anything to do with your son DLA appeal. First step to appeal is Mandatory Reconsideration (MR) and you have 28 days to request this. If that fails and most do then it's Tribunal.

  • joanne4791
    joanne4791 Member Posts: 8 Listener
    Done mandatory and refused so tribunal in the beginning process. It was a CAB woman that said if I claim UC it would stop the tribunal going ahead
  • poppy123456
    poppy123456 Member Posts: 28,465 Disability Gamechanger
    The person from CAB has no idea what she's talking about. Claiming UC will not stop the Tribunal. DLA isn't part of UC anyway.
  • joanne4791
    joanne4791 Member Posts: 8 Listener
    Thanks for the help poppy I've not got a clue about about the new system and when the CAB benefits liaison told me this I had no reason to doubt it. I thought she was giving me good advice. All I care about is my son I'd love to be able to go out to work and meet new people. As a single mum with no one to  support me it's impossible. My life revolves around him. He's the only reason I'm still here
  • poppy123456
    poppy123456 Member Posts: 28,465 Disability Gamechanger
    No problem. The only problem with UC is when you claim it you have to sign a claimant commitment and this will mean you will have to look for work, how many hours you're required to do will depend on the age of your children. Sanctions can happen if you don't do the required amount of hours each week. See link.

  • joanne4791
    joanne4791 Member Posts: 8 Listener
    Pretty much like JSA then. My son is 15
    but he needs a lot of care each day so what they expect of me and what I can do is what I will get sanctioned for. He's my priotity
  • poppy123456
    poppy123456 Member Posts: 28,465 Disability Gamechanger
    I totally understand as i have children myself. However, you won't be able to claim the carers element because of the DLA stopping. When is your son 16?
  • joanne4791
    joanne4791 Member Posts: 8 Listener
    June 11 next year
  • poppy123456
    poppy123456 Member Posts: 28,465 Disability Gamechanger
    It changes to PIP once he's 16. Tribunal waiting times can be as long as 1 year in a lot of areas. If the Tribunal decision goes in his favour then it could possibly only be awarded until his 16th birthday because if he was claiming DLA when he does reach 16 he'd be invited to apply for PIP.
  • joanne4791
    joanne4791 Member Posts: 8 Listener
    I'm Ready for giving up I can't take much more. I'm also fighting with his school to get him the support he needs. 
  • poppy123456
    poppy123456 Member Posts: 28,465 Disability Gamechanger
    Do you have welfare rights or a law centre in your area? They will help you with the DLA appeal.

    It's tough being a single mum and trying to cope alone. For your son and the support does he have an EHCP? Maybe you should start with speaking to his GP. Don't give up the fight, it took me 14 years to get answers and the help and support for my daughter. She's almost 18 now and it's only in the last year that she now gets all the help and support she deserves and she was almost 3 when i noticed things weren't as they should be. Never give up! Good luck.
  • joanne4791
    joanne4791 Member Posts: 8 Listener
    I don't know about welfare rights or law centres the ones I have accessed CAB and Main offered advice then that's it. He doesn't have a ECHP I've asked on many occasions from school SENCO which seems to change every year and have to go through the whole process again. All they offer is more assessments. I'm due to go and hear his latest on 7th December. My GP surgery is not much help from my experiences of them which is why I hate having to use them. 
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,798 Disability Gamechanger
    Hi @joanne4791, and a warm welcome to the community!

    Thanks for sharing this with us. Glad to see you've had some brilliant input from @poppy123456 above: I just wanted to reiterate that you're not alone and we're all here to support you. I hope, at the very least, that it helps to know you're among others who understand.

    Please do keep us updated with your benefits application and finding support for your son. We have our ASD advisor @Jack_W on the community who may be able to advise, and if you're seeking legal help, this Scope page lists some organisations who may be able to assist.
  • kami24
    kami24 Member Posts: 402 Pioneering
    I have bpd and autism and on jsa but they say I should be on a different benefit to jsa as I cannot look for work the jobcentre said I should be on esa and have also sanctioned me just because I was truthful with the work coach and said I'm probably not able to work and they obviously twisted it and said I hadn't been looking for work even though I have been actively seeking employment as they say in order to receive my stupid jsa. Really hate the benefits system and got worse with UC if that's humanely possible!!! Can you tell me what to send it so they can undo the sanction or should I take everything to the nasty jobcentre to scan to dwp head office or whoever deals with it all??? Appeal it?? Need advice as I have never ever been sanctioned before. Also if they are say claim esa that is not possible as UC has replaced it as I live in a full UC area so would I have to be forced onto UC and lose my severe disability premium or would I get protection or top up amount and be placed in the limited capability group in UC and get the same amount or lose it!?????????? Such confusion. What a nightmare for disabled people who cannot work and are on jsa or forced onto UC or even into full toe work which then makes their illnesses worse! 
  • poppy123456
    poppy123456 Member Posts: 28,465 Disability Gamechanger
    Do you have proof you've been looking for work?

    If you claim UC then yes you'll lose your SDP because that's not payable under UC and there's no transitional protection in place yet.

    As you're claiming JSA then if you claim UC LCW then you'll need fit/sick notes from your GP. A PIP claim doesn't automatically qualify you for LCW.

    Eventually you'll be sent a UC50 work capability assessment form, which will need to be filled in and returned, along with all your evidence. A face to face assessment will most likely be needed as most have them. Once a decision is made it will either be limited capability for work, limited capability for work related activity or fit for work. If it's LCWRA then you'll be paid an extra amount each month £328  from the 4th month of your claim from when you sent in your first sick note. If it's LCW then you won't be paid any extra money.

    Standard allowance for over 25's is £317.82 per month, with housing element on top if you're renting your home.
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    Have you checked out whether there could be a continued entitlement to IS on other grounds?
  • kami24
    kami24 Member Posts: 402 Pioneering
    So would I be worse off even if assessed as not capable for work?? 

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