UNIVERSAL CREDIT OR ESA

munchy01

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 

poppy123456

Hi,

It will totally depend on your daughters circumstances. Is she a student? Does she claim PIP or DLA? Do you claim tax credits/child benefit for her?

Once these questions are answered i'll happily help you further.

david235

A new claim for a 16 year old would have to be for UC, which is now live in all areas. New style ESA is not relevant to a 16 year old as they will not have the required National Insurance contributionsy. In any event, UC on the grounds of inability to work and ESA use the same LCW and LCWRA tests.

There are two lists of descriptors - the schedule 2 descriptors where you score points for LCW, and the schedule 3 descriptors where if any one applies the claimant has LCWRA. Most (or is it all?) of the schedule 3 descriptors are also in schedule 2 scorint a high number of points.

The best route ahead is likely to be the First-tier Tribunal. It would be best to obtain the assessment report, if you have not done so already. I would strongly recommend getting help from a local advice provider, though forum members here will do their best to help.

poppy123456

david235 said:

A new claim for a 16 year old would have to be for UC, which is now live in all areas. New style ESA is not relevant to a 16 year old as they will not have the required National Insurance contributionsy. In any event, UC on the grounds of inability to work and ESA use the same LCW and LCWRA tests.

It may not be as simple as that because if the claimant is a student then they can only claim UC under certain circumstances. It's impossible to answer the questions asked without further information.

david235

I had understood the question as all other entitlement criteria were met but UC was rejected on the ground of no LCW.

As you rightly say, @poppy123456 , there are other reasons why @munchy01 's daughter might not qualify for UC - we don't have enough information to say. The decision letter will say why she is not entitled to UC.

munchy01

Thanks everyone for taking the time to reply
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???

Adrian_Scope

Hi @munchy01. It says on the letter that your daughter attends a special school, so is still in education, is this correct and is this full time?
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)?

SarahUCE

You need to appeal. She meets criteria 2 and should be put on credits-only UC until she has a WCA. 

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. 

munchy01

I dont receive any other benefits for her apart from PIP
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

Adrian_Scope

Hi @munchy01. Best of luck with the appeal and at the CAB today. Please let us know how you get on.

munchy01

I went to the CAB who were very helpful and agree that yes we should appeal, especially since they havent actually given usa reason why shes been turned down even for a LCW
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!!

April2018mom

Good luck @munchy01! 

Adrian_Scope

That's great @munchy01. I'm glad they were able to give you a starting point for the appeal and some tips on how to fill it out. Please let us know if we can support you in any way. 
Best of luck. 

Hart86

I would imagine the fact you still claim child benefit is working against you here @munchy01.