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UNIVERSAL CREDIT OR ESA

Having applied twice now for UC for my 16 year old disabled daughter..and it been turned down both times even with ample evidence
i would now have to take it to Tribunal. My question is have i infact applied for the wrong benefit and it should be ESA?
She fits the criteria for the LCW but they wont seem to take that into account for some reason?
There are infact two list for LCW one is article 8 for more serious conditions and the other is a slightly more general one where you get points
I have sent that an numerous other documents inc a Fit Note but turned down.
Before i go down the route of Tribunal does anyone think that maybe ESA is actually what I should have applied for in the first place
Confused some what!!!
Any help much appreciated
Sally
i would now have to take it to Tribunal. My question is have i infact applied for the wrong benefit and it should be ESA?
She fits the criteria for the LCW but they wont seem to take that into account for some reason?
There are infact two list for LCW one is article 8 for more serious conditions and the other is a slightly more general one where you get points
I have sent that an numerous other documents inc a Fit Note but turned down.
Before i go down the route of Tribunal does anyone think that maybe ESA is actually what I should have applied for in the first place
Confused some what!!!
Any help much appreciated
Sally
Replies
So I havent actually been given a reason as to why.
they keep saying about exceptions at 16..and its this LCW but I cannot get any further than this
They wont consider her for an LCW even tho they have a fit note, list of conditions PIP scoring
Now I was also told not to cancel CHILD BENEFIT ahead of the decision(good job too as its been turned down) So i dont think its that
i just cant believe its proving this difficult to even get an LCW?! If they did an LCW then they can see working is not an option.
So do I take it to Tribunal or am I barking up the wrong tree here???
Which rate of PIP does she currently get? In addition to Child Benefit, are you in receipt of any benefits for her (UC, Tax Credits)?
Scope
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There was a change in process recently. It used to be that students in receipt of DLA or PIP had to make a (long-winded and complicated) claim for credits-only New Style ESA, in order to be sent for a Work Capability Assessment before attempting to claim UC.
However, they recently stopped this procedure. So long as your daughter is claiming DLA or PIP and has a fit note, they are allowed to claim UC and should be asked to complete a UC50 form.
The flip side to this, and what I think Adrian was trying to determine, is whether it would be more financially prudent to keep her on your claim for now. But obviously this depends on whether you’re on UC or receive any benefits for her.
i get carers allowance for her but we dont get tax credits only Child Benefit so its definately worth more financially to get UC if we can get them to actually grant her it!!!
Will appeal!!! to the Tribunal, off to Citizens Advice today to see if anyone there has helped anyone thro the process
Thanks again for everyones replies
Scope
If you have a few minutes to spare, we'd appreciate your feedback on our online community.
They gave me the form to fill out for the Appeal and a sheet on tips on HOW to fill it out,
Will be getting on that today and will let you know the outcome of this!!
Best of luck.
Scope
If you have a few minutes to spare, we'd appreciate your feedback on our online community.