PIP and UC query

Princess59

Afternoon everyone am new on here just wanting to say hi to everyone.  Am looking for some advice I had my p.i.p assessment at home but I was turned down for the higher rate of daily living I wanted to appeal but scared I lose my money.  Also my husband get the work capability allowance because of his health and we are on universal credit I had my universal credit assessment and I was given it they told me i might get money back . But after a few days I was told that we cannot get has a couple cause only one person can claim it. Is there any other payment I could be given has we find it really hard to manage thank you 

steve51

Hi @Princess59

Good Afternoon & Welcome.

I am one off the Community Champion’s here at Scope.

When did you have your pip assessment ???

Do you need any help/support with it ????

We have got a “Benefit Calculator” & I will post the link below for you:

https://www.scope.org.uk/advice-and-support/calculate-your-benefits/

Buy using this tool you will be able to see what Benefits  are available for you.

Please please let me know if you need any help working it out???

@steve51

chiarieds

Hi @Princess59 - Welcome to the community, & thank you for joining.

I'll ask for some help for you with your benefits. @poppy123456 please would you advise here, thank you.

Princess59

Hi chiaieds what do I do now 

Princess50

poppy123456

Hi and welcome,

Firstly your PIP. If you disagree with the decision you have 1 month from that date to request the MR BUT i would advise you to get some expert face to face advice before doing this.

PIP isn't awarded based on a diagnosis, it's how your conditions affect you're ability to carry out daily activity based on the PIP descriptors. Without knowing exactly how your conditions affect you it's impossible to advise whether or not you'll be able to score more points for a higher award. If this isn't possible then it's pointless requesting the MR and Tribunal.

Yes, it's possible when requesting the MR that you could lose everything you already have. Most MR decisions remain the same though and there's a small chance you could be awarded a higher rate. Unfortunately no one can tell you if there's any risk to your current award by requesting the MR and this is another reason you need face to face advice. This link will help you find what's local to you. https://advicelocal.uk/

For your work capability assessment, you said your husband receives extra money in your UC for not being able to work, is this correct? If so may i ask is it the LCWRA of £336 per month that he receives? If it is then you were advised correctly, only 1 person can receive the LCWRA in a UC claim, it can't be paid twice.

May i ask if your partner claims either PIP daily living or DLA mid/high rate care? If they do then you could claim the carers element of UC for looking after him, this pays an extra £160 per month. If he doesn't then of course you won't be able to claim this.

Unfortunately, your partner would not be able to claim this for you if you receive PIP daily living because the carers element can't be paid when receiving the LCWRA element.

May i ask if you're claiming for council tax reduction separately to UC? Just wanted to check because council tax reduction isn't part of UC.

Hope this helps.

Princess59

Hi Chiarieds, 
Thanks for getting back to me yes my husband did get p.i.p. but was stopped because they said he's fit for work but he isn't he still has problems but has appealed against it. I am frightened to appeal against mine just in case I lose my p.i.p I did appeal a few years ago and the judge gave it to me but then after 5 or 6 monthm they took it off me. We only pay £14:00 ,pounds a month for council tax, I was my partners carer because of his mental health issues but that stopped because they demined him fit for work . Thanks for your help 

poppy123456

@Princess59

PIP most definitely isn't about being fit for work and he wouldn't have been refused because of this. Lots of people claim PIP and work. PIP is about how your conditions affect your ability to carry out daily activity based on the PIP descriptors.

Hopefully the PIP Tribunal will go in his favour, if it does then he'll be backdated the money to the date the original decision was made. If he is awarded the daily living part then you will be able to claim the carers element of UC.

May i ask if you're renting your home and claiming the housing element of UC?  Do you have dependent children living at home? I just want to make sure you're claiming everything you're entitled to.

Ails

Hi @Princess59 and welcome to the Community.  It is nice to meet you.   

Princess59

Hi Poppy thanks for your reply we rent from Dover district council.  Which we are having problems with because our universal credit is monthly and the rent is fortnightly they say we get into arrears because of that I pay the rent on the 14th of each month when we get our universal credit money it is 447 a month but they want us to pay 20 pounds extra each month so we don't get into arrears I have explained we cannot afford to but they still mention it every time I speak to them . At the moment we get 938:00 a month on universal credit cause we are paying a loan back which will be paid soon so that would make us 30 pounds better of a month.  I get 327:00 a month on p.i.p my husband get carers allowance and that's it  thanks 

poppy123456

It sounds like you're claiming what you should be claiming. Although your husband claiming carers allowance doesn't make you any financially better off because it's deducted £1 for £1 from your UC total amount and because he's claiming the LCWRA element then he can't claim the carers element as well.

I think your landlord is being very unreasonable about your rent because UC pays 4 weeks in arrears and you can't pay what you don't have. It's just the way it works out.

Please do get some face to face advice about your PIP award before requesting the MR. Hopefully your husband isn't waiting too long for the hearing date but do be aware that alot of people are waiting about a year because of backlogs.

Princess59

Thanks Poppy , 
Sorry what's MR ????

poppy123456

You're welcome. MR is Mandatory Reconsideration and is the first step to an appeal. Without going through the MR then you can't appeal a decision to a Tribunal.

Princess59

Oh right I get it now lol sorry for being stupid. 

Thanks 

poppy123456

You weren't being stupid at all, it's my fault for typing MR to begin with and not the full word. You're welcome.

Adrian_Scope

Hello @Princess59. 
Can I just check, when you look at your UC statement, does it have all of these elements on it?

Standard Allowance
Housing
LCWRA
Carer Element

And then the two deductions, one for your advance and another for the Carer's Allowance?

UC are supposed to pick the most favourable option for the claimant. So although your partner can't claim LCWRA and the Carer Element, they should switch the in-payment LCWRA to you, so he would then receive the Carer Element. He would need to report that he's caring for you if he hasn't already. 

Princess59

Hi Adrian  thanks for message my husband gets carers allowance and the work capability.  I get universal credit and p.i.p  thanks Princess 59

Liz2012

Hi , i'm new to all this myself, I was on the high mobility, low care on dla,( I was given this for life) just been made to go on to p.i.p been put on standed on both, I have to give my car back in January this has upset me so much, I spoke to my doctor when I was having injection in my lower back ( didn't work) if he would give me a letter supporting me. He told me to appeal and by time this comes up he will have seen me by this time and he will sorted this out then, the appeal will take some time, but if he had done I then it would of helped with the Mandatory Reconsideration, which didn't help at all. I scored 10 out of 12 for the mobility, 2 points was for planing a jouney, ( I don't do any way, my husband does that as he's my driver)

Can some please help me understand UC and LCWRA, UC we both get, I get LCWRA , if my husband gets a full time job would I loose the LCWRA , as I would still be unable to work. 
Thanks 
Liz

Princess59

Hi Liz2012 I had same problem with my back injections didn't work . My husband gets work capability because he has mental health issues.  I went for a universal credit assessment and passed and was given the work capability allowance then they said that I couldn't get due to my husband having it so I don't get extra money am hoping to find out if they is anything else that I can get. I get universal credit, council tax deduction, and p.i.p 

poppy123456

@Liz2012

Hi and welcome,

For your PIP decision then you have 1 month from the date of the decision to request the MR. You should put this in writing stating where you think you should have scored those points and your reasons why. Adding 2-3 real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

Do be aware that although most MR decisions remain the same you do risk losing everything you already have, as well as having the award increased. No one on an internet forum can tell you if there's any risks to your current award and for this reason i'd advise you to speak to an advice agency near you.

Letters from GPs aren't the best evidence to send because a GP will very rarely know how your conditions affect you against the PIP descriptors. They will only ever know the basics, such as medication and diagnosis.

To answer your question about UC your husband working will not affect your LCWRA BUT do remember that any earnings received during your assessment period will reduce the amount of UC you're entitled to.

As you have LCW then you will be entitled to work allowance, how much you're entitled to will depend on your circumstances, If you receive the housing element then your work allowance will be £287 per month, if you don't receive the housing element then it will be £503 per month. This means that you will be able to earn that amount of money before you start to see any deductions. Any earnings over those amounts and you'll start receiving the 63% deductions in your UC amounts.

How much UC you will receive each month will totally depend on how much he earns during the assessment period.

Liz2012

@poppy123456
Thank you for getting back to me, it was my consultant who was saying all this to me. 
UC we have been on this since march this year, we don't get any housing elements as we have a mortgage, that I know we don't get any for of help with.
I am not very good and understanding things. 
Thanks you again 
Liz

poppy123456

Liz2012 said:

@poppy123456
Thank you for getting back to me, it was my consultant who was saying all this to me. 
UC we have been on this since march this year, we don't get any housing elements as we have a mortgage, that I know we don't get any for of help with.
I am not very good and understanding things. 
Thanks you again 
Liz

You're welcome. As you don't receive any housing element then your work allowance will be £503 per month, which means that your partner can earn that amount of money before any deductions will be made. Working full time will mean you will receive less UC each month but how much you will receive will depend how much he receives during your assessment period.

Liz2012

I think I understand you now, what I get will that go as well, the part for unable to work. 

Liz2012

@Princess59 sounds like you get the same as us, no care allowance just basic. I've not found any other form of help with bills or that even help with the mortgage, I've been so scare in loosing the house, the car will be gone in January, that will be me staying home all the time. hope you find away of some more help Princrss59, 
Liz

Princess59

Hi liz2012 we are just barley coping with what we get . I have been to jobcentre and they tell me I can't get anything else.  

Princess59

poppy123456

Liz2012 said:

I think I understand you now, what I get will that go as well, the part for unable to work. 

You will still receive the LCWRA element but as i explained and wages over £503 that your husband receives during your assessment period will reduce your UC payments by 63p for every £1 he earns over £503.

I see on another thread that your husband claims PIP, is that correct? If it is then he does need to be careful with the work that he does. Even though it is possible to claim PIP and work, if the work he does contradicts the reasons why he's claiming PIP then this can go against him the next time he's reviewed for PIP.

Liz2012

@Princess59 just not right, made to suffer trying to work what can be paid what to leave off, I think things just need to be looked at again, help with heating as well.
hope you find some help 
Liz 

Liz2012

@poppy123456
yes my husband gets pip, he can only do a sit down job or driving. 

Sorry to keep going on, but how long is the assessment period. 

Thanks Liz 

poppy123456

Liz2012 said:

@poppy123456
yes my husband gets pip, he can only do a sit down job or driving. 

Sorry to keep going on, but how long is the assessment period. 

Thanks Liz 

You will need to look at your UC journal to know when your assessment period is because everyone's is different and it last for 1 month, every month.

Adrian_Scope

Hi @Liz2012
As you receive standard care from PIP, your husband could be entitled to the Carer Element on UC if he's your carer, even if he works full-time. Have you looked into this? 

Liz2012

Hi @Adrian_Scope, yes I am getting stranded care on pip, my husband gets the same as myself, We have not looked into the care Element on UC not heard about it before.
will have to have a look into this. Will have to try and go the cab and see what can be sorted,
thank you again 
Liz 

poppy123456

Liz2012 said:

Hi @Adrian_Scope, yes I am getting stranded care on pip, my husband gets the same as myself, We have not looked into the care Element on UC not heard about it before.
will have to have a look into this. Will have to try and go the cab and see what can be sorted,
thank you again 
Liz 

Your husband can claim the carers element of UC for looking after you BUT you won't be able to claim this for looking after him because i believe you're claiming the LCWRA element for yourself and you can't claim both elements at the same time.

For your husband to claim the carers element then he needs to report the changes on your journal. This element is £160.20 per month. He doesn't need to claim carers allowance to claim this, he just needs to look after you for at least 35 hours per week.

Liz2012

@poppy123456 thank you for that, I will tell my husband to do all this thank you again 
Liz 

Adrian_Scope

I'm glad we've been able to help @Liz2012.

Liz2012

Thank you for the advice about the carers Element we went online that night put in for this, we got a message Christmas eve to read are journal we have been rewarded this. thank you again. just now need some luck on winning my appeal with pip 

Adrian_Scope

Glad that's resolved for you @Liz2012. Best of luck with your PIP appeal outcome.