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change of circumstance

Hi there, I have recently started work as an activities support in care. It does not change my pip descriptors. I receive standard daily living. I no longer recieve esa. I was receiving SDP. Switching everything around, I noticed that if I had applied for working tax credit before renouncing esa. That they would have seen my sdp entitlement on the system and awarded me working tax credit with no problem. Unfortunately I renounced esa prior to applying for working tax credit. So even though the last time I received sdp was the 2nd of November. Their system shows it as awarded at my time of starting work. I am so disturbed by this because if I had done this the other way around there would have been no problem. I have written to the HMRC and citizens advice advised me to say that I have recently been in recipet of SDP. The working tax credit office said I could send in a housing benefit letter with entitlement, by the last letter I received of this was from august. As it states on there my SDP entitlement. I also am still severely disabled as my pip describes and as approved at tribunal this year. It makes an enormous difference to my life to receive working tax credit. I live alone and am desperate to dig myself out into a position of being able to not be just making ends meet and to have prospects of one day owning my own home or a mortgage. I also would be entitled to disability working credit with working tax credit\/
I cant believe that a simple administrative error in the order of application on my side could causes such a dramatic difference in my whole life and prospects. One little line missing because I did things in one order rather than another, makes the difference of working tax credit and housing benefit, to U.C of £11 per month and no housing benefit. It is astonishing and nothing in my condition has changed.

Please could you advise me as how to appeal/apply for working tax credit in my situation?

Thank you so very much.
Yours, 

Comments

  • poppy123456
    poppy123456 Member Posts: 23,768 Disability Gamechanger
    edited November 2020
    Hi,

    I'm a little confused by the dates here. Can you confirm please when did your ESA end? Also are you still claiming housing benefit?

    Just so that you're aware, UC includes help with your rent because it's 1 single monthly payment of different elements.


  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Hi Poppy

    The last time I received esa was the 2nd of November.

    I called to cancel this from the 28th of September.

    It’s I hadn’t applied for working tax credits first - I would have got them with no problem.

    Now I have been advised to say that I have been in recent reciept of SDP and receive PIP and can I please have working tax credit.

    😭 

    ok I see however the difference is astonishing - from £121 to £47 and without disability working credit.

    It really does make a difference to me. I’ve come so far and am shocked at how this could occur. 


  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Please can you advise me of how to appeal or apply for working tax credit. I hadn’t no idea that doing it the other way around would have been a smooth transition.
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    I also live alone and was wiped out with being back at work and all hat entails. I had no idea I had 31 days to apply 😭😭
  • poppy123456
    poppy123456 Member Posts: 23,768 Disability Gamechanger
    Please take a deap breath and try to relax.

    You couldn't have applied for tax credits anyway until you canceled your ESA. As your ESA ended on November 2nd, then this is within the 1 month of it ending so you can apply for tax credits.

    Also if you're receiving housing benefit then the SDP is included in this so if you need proof of the SDP then ring your local council and ask for a letter with proof of your housing benefit breakdown amount. You will qualify for working tax credits if you're working more than 16 hours per week.

    To claim tax credits you need to ring HMRC on this number. 0345 300 3900 https://www.gov.uk/claim-tax-credits

    They should also be able to check with DWP that you were previously claiming SDP with your ESA within the last month, although if you're still claiming housing benefit then the SDP in this calculation will entitle you to claim the tax credits.





  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Thank you so much Poppy. That’s what I thought.

    I have spoken to citizens advice who advise me to insist on progressing my claim and if not - to contact my MP.

    The problem I had was that as I started work on the 28th of September- my entitlement is recorded as ending then.

    so they have said they can’t see my entitlement on the system. I have written to housing benefit to request evidence - though am concerned I will encounter the same issue.

    I have not had a reply from them yet.

  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    I am staying positive and persistent -

    Do you have a suggestion as to how I might proceed ? The evidence I have of my entitlement come before this time- August 2020

     I no longer receive esa and housing benefit has changed -

    I wonder how to obtain evidence of my recent entitlement as of November the 2nd. I made my change of circumstance only a few days after the one month required as I was struggling and still am at work - but determined to stick my ground there.
  • poppy123456
    poppy123456 Member Posts: 23,768 Disability Gamechanger
    Although you can't see the SDP that's added to your housing benefit, as it was with your ESA, it's definitely there in the calculation. I do know that DWP share information with HMRC but i don't know about local councils. It maybe better to ring your local council requesting a full breakdown of your housing benefit entitlement, i personally wouldn't trust just sending the letter. Tax credits can only be backdated a maximum of 3 months, so do be aware of that.
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Thank you poppy 
  • Ross_Scope
    Ross_Scope Posts: 4,938

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  • poppy123456
    poppy123456 Member Posts: 23,768 Disability Gamechanger
    You're welcome. Please let us know the outcome and good luck with your job.
  • cupcake88
    cupcake88 Member Posts: 1,002 Pioneering
    Best of luck with your new job please let us know how you get on . I know it’s hard when you have to just scrape by so I’m glad your now Able to work xx 
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Hello! So Housing benefit wrote an email saying they are sending a letter of my HB award for October and November.

    I assume this includes evidence of my esa breakdown - I can also print their email 📧 which says of my entitlement to HB based on income esa and pip.

    id this the evidence working tax credit will require?

    thank you - work is good. It is a bit tough sometimes but I have a goal to save up and buy my own moderate sized house so it is worth it and achieveable.

    I hope to do so within five to six years 🤞🤞🤞🌞🌞🌞
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    edited November 2020
    I have other letters including my SDP with esa so I hope that this HB letter will be good enough evidence with these included ?
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    edited November 2020
    I will of course keep you updated. 
  • cupcake88
    cupcake88 Member Posts: 1,002 Pioneering
    Best of luck to you for your new job is it full time ? You will save up in no time so best of luck I know what it’s like to be with out money and work so must be nice to get back to work good luck xx 
  • poppy123456
    poppy123456 Member Posts: 23,768 Disability Gamechanger
    When your ESA ended did you report the changes to your local council? Your housing benefit entitlement based on your ESA is not correct because you no longer claim ESA. HB entitlement should now be based on your earnings, so the letter you received isn't correct.

    The letters with your SDP of your ESA will only be accepted if your ESA ended withint the past month. If it ended longer than 1 month ago then it won't be accepted as evidence that you were in receipt of SDP within the past month.
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Hi poppy yes I did when’s i got through finally - no one told me I had one month to apply. I was awarded extended housing benefit for October and November / they sent me a letter stating esa on HB ended on the 28th September.

    im sorry but if no one told me I have one month to apply and I have mental health challenges and live alone - and just gone back to work getting bullied and standing my ground and positivity pushing through despite it all- to stick at work whilst being Unsure initially if it is even feasible - I do believe I have a right to claim working tax credit. I tried calling and couldn’t get through for two whole weeks. 
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    I was awarded esa last on the 2nd of November- they officially ended it in the 28th of September- 

    Something’s isn’t right here’s I have written to my MP.

    Could you please advise me of how to proceed. 
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    I’m desperate 
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Citizens advice suggested to send in all evidence I have from all times - insist on my claim on the phone ask to speak to a manager - date the person’s name and time of call - a claim made has a right to appeal - and write to my MP.

    do you have any advice in this regard please ?

    ♥️
  • poppy123456
    poppy123456 Member Posts: 23,768 Disability Gamechanger
    edited November 2020
    If you have a letter saying your ESA ended on 28th September, i don't understand how you continued to receive payment up until 2nd November. Once it ends it shouldn't continue. There's a 5 week difference between those dates.

    Can you please confirm whether you're still claiming housing benefit or did that also end on 28th September?

    Sorry for the questions but what you're saying isn't clear.
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Hi - Yes this is true. I received esa last on the 2nd of november, When I changed circumstance they ended esa from the date I started work at the 28th september. Apparently this is a grey area in benefits so perhaps that's why it isnt clear! please forgive me! I am trying my best! I called in within the month and could not get through on the phone line - we had just come into lockdown, for two weeks I called on my day off and didnt get through the whole day. It baffles me as well. So the last thing I hear is from WTC who say even if i had applied in time they wouldnt have awarded it because you need continuing entitelment to SDP and that when ESA stops entitelment stops. (?!)
    They also said that I may still be entitled to SDP via my housing benefit, And if i can provide evidence of this by DEc !7th they may progress my claim?
    I have no idea if I am entitled to SDP via hB, or how to claim it if not or if i can claim it in time.

    What would you suggest I do now please? 
    thank you so very much.


  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    sorry about this Poppy I am very grateful for your help. 

    Today I sent evidence to HB for my claim to stay open with them. 
    fingers crossed.
  • poppy123456
    poppy123456 Member Posts: 23,768 Disability Gamechanger
    SDP is not actually paid to you in the housing benefit like it was with the ESA. If you're still claiming housing benefit, which you haven't actually stated whether you still do or not. The SDP is in with the calculation, so you should see it on your housing benefit award letter. If you're no longer claiming housing benefit then you won't be able to claim working tax credits if your housing benefit ended more than 1 month ago.

    HMRC are incorrect with their advice, if you claimed working tax credits within 1 month of your ESA ended and you were still entitled to the SDP then you should have been awarded working tax credits, if entitled to them.

    If it's more than 1 month then you won't be able to claim working tax credits and the only other benefit left to claim would be universal credit, which doesn't include a disability premium, like tax credits does. Instead it would be fit notes from your GP to go through the work capability assessment again.

    Complicated and i do think you would benefit from some advice from an advice agancy near you. They're are available by telephone, not face to face appointments.
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Phew confusing ! 

    I was awarded an extended HB payment and have sent in evidence today to keep my claim for housing benefit open.


  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Thank you I hoe to hear from HB with a letter and breakdown of the benefits? 
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Yes I don’t get it tbh.

    ESA is how I got entitlement to SDP and they measure it ending at my work start date. 

    As far as I gather I now need to show entitlement via housing benefit?

    I still wonder if it won’t  show up on their system - or shown as ending when I started work?

    🤷‍♀️ I really hope not as why ask for evidence this way if they know it wont be there?

    I don’t understand how one can apply for working tax credits based on an SDP entitlement because on their systems that shows up as no longer existing at your start date of work.

    Anyway fingers crossed 🤞 


  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    As far as I’m aware I’d got severe disability premium via my ESA.

    At the moment to claim working tax credits they say I need to prove entitlement to SDP via my housing benefit.

    I am confused honestly.

    I have asked housing benefit to send me evidence of this and they said they will send me a letter shortly. Fingers crossed. I don’t know what it is going to say. The last letter they sent to me said I need to ask ESA for evidence.
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Do I need to apply for severe disability premium via my housing benefit?
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Thank you so much for your help
  • poppy123456
    poppy123456 Member Posts: 23,768 Disability Gamechanger
    Phew confusing ! 

    I was awarded an extended HB payment and have sent in evidence today to keep my claim for housing benefit open.



    This here ^^ when you say extended housing benefit, are you saying you're no longer entitled to housing benefit? If this is correct then your housing benefit can't be kept open, it will close. If your payments ended longer than 1 month ago then you won't be able to claim working tax credits.

    If you are still entitled to housing benefit then the award letter will show the SDP in the calculation.

    Sorry for all the questions but you're not making yourself very clear at all.
  • poppy123456
    poppy123456 Member Posts: 23,768 Disability Gamechanger
    Do I need to apply for severe disability premium via my housing benefit?

    No, you can't apply for it, it's a benefit that's in with the calculation, it's different to the SDP that you were receiving in with your ESA.


  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    edited December 2020
    Oh I see ! I do apologise I’m trying my best it isn’t clear to me so that’s why it isn’t clear to you I imagine! 

    I was awarded a one month extended housing benefit payment after I started work according to the letter they sent me. They asked for more evidence which I have sent in. To hopefully continue my housing benefit award.

    Having said that, I have no idea if it will be awarded or not considering I’m now in work. Fingers crossed as per usual!

    It would be quite bizzare not to be as I don’t earn that much. 🤷‍♀️🤦‍♀️💖


  • poppy123456
    poppy123456 Member Posts: 23,768 Disability Gamechanger
    Ah i see, now it's clear, thanks for that.

    If your housing benefit didn't stop completely and you're entitled to it now then it should continue, with how ever much you're entitled to. This should also include the SDP but as advised, you don't actually see it, it's part of the award. You will then be able to claim working tax credits because of the SDP that's included in your housing benefit.

    If the worst has happened and your housing benefit claim has closed then you won't be able to reclaim it and you won't be able to claim working tax credits if your housing benefit ended more than 1 month ago.

    If this does happen then i'd advise you to use a benefits calculator to check entitlement to Universal Credit.

    Hope this is now starting to be a little more clear. Good luck and i'd appreciate it if you could came back and let me know the outcome :)
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    Thank you so very much and kindly Poppy.

    💖🌸
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    I will of course keep updated 
  • poppy123456
    poppy123456 Member Posts: 23,768 Disability Gamechanger
    You are most welcome :)
  • fieldsofnew
    fieldsofnew Member Posts: 46 Listener
    With 3 days to go I sent in my HB evidences and they said It was accepted and approved! 

    😄🤞
  • poppy123456
    poppy123456 Member Posts: 23,768 Disability Gamechanger
    That's good news, glad it's all sorted.

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