Struggling to work out UC now I live with my boyfriend

skhan95

Hello I need help with universal credit please 

calcotti

You will need to explain what you need help with.

chiarieds

Hi @skhan95 - & welcome to this online community. As calcotti asks, what help do you need with Universal Credit?

skhan95

Thank u so much for your response 
Actually I was on a single universal claim but then because of my health condition I asked my boyfriend to move with me and he agreed to pay rent because he is self employed 
But universal credit asked me to make a joint claim my boyfriend is not eligible which he is fine with but  universal credit did not paid me a single penny they said your partner earnings are good but my boyfriend is not happy to pay anything to me nd the kids I dnt know what can I do 
Sorry for my English I cannot speak properly:(

janer1967

Hi there 

Unfortunately uc is a means tested benefit so earnings are taken into account and your partners earnings will affect any entitlement 

The expectation is that if you live as a couple you have joint income even if only 1 person is working 

skhan95

Is there anything else I can claim if not universal credit?

[Deleted User]

According to the government statistics (I read the source earlier this year), 90% of people in relationships pool their money together. So for the government to currently pay one lot of benefits into one bank account for a couple of two people, it's considered representative of how most couples in the country manage their money and live their lives. Women's Aid and Surviving Economic Abuse are campaigning for this law to be changed as they say it encourages financial abuse and also using financial abuse as a mechanism to enable other types of domestic abuse

The only benefit that's not means tested is PIP as it doesn't take into account someone's income, but to successfully claim it you have to pass a Work Capability Assessment. The application process is long as you have to phone them for a 1 hour interview then wait 2-3 weeks for a 40 page application form to be delivered to your house. Then you have to fill it in, request a sick note or proof of disability from your doctor, photocopy that and send in the photocopy with the completed form. They do not send back any documents you give them so always send photocopies. They accept photocopies as evidence.

Then you have to wait 2-3 months for a Work Capability Assesment (WCA) with either Atos or Capita and they'll post you the result of the assessment. If you disagree with their decision you can phone them to request a Mandatory Reconsideration Notice. And if you disagree with the result you can appeal it so it reaches a tribunal, but the wait for a tribunal is 9-12 months. The tribunal will have a judge, doctor and nurse. These three people claim they are independent from the DWP, but they along with Atos and Capita are allowed to request information about you from your doctor before it happens, so your doctor can influence the outcome of the tribunal as well as the WCA based on the opinion your doctor gives them.

Depending on your disability, its severity and how it presents itself to your peers and the general public, disability benefits in the UK can be hard to get. There are multiple allegations that under a Tory government that disability benefits discriminate against mental health conditions, autism, invisible illnesses and that the DWP gives the assessors at ATOS and Capita targets so that they only approve 20% or 33% of applicants which causes applicants to be deemed as low or high priority.

janer1967

@innocent21 I think you are getting a bit confused 

For pip you do not have a work capability assessment they are for people claiming work related benefits like esa and uc when they declare a medical condition 

You also don't need a fit note for pip

You do have an assessment but it is looking at your daily living and mobility not ability to work 

janer1967

@skhan95

As above you could try for pip if you are eligible 

You could report your medical condition  on uc and go through above process and then if you were awarded you would get the additional lcwra element and part of your partners earnings would be disregarded 

However without knowing all your circumstances it may still not leave you with any uc entitlement 

It may be worth contacting welfare rights to see if they can help 

[Deleted User]

For pip you do not have a work capability assessment they are for people claiming work related benefits like esa and uc when they declare a medical condition 

This is false. I applied for PIP and was given a work capability assessment. The only instance you wouldn't get one is if you're already claiming disability benefits like ESA or LCWRA, or if you are the lucky few who manages to bypass that process due to the influence of your doctor which is rare.

You also don't need a fit note for pip

Technically you don't have to, but given how hard it is to be accepted for disability benefits for some people and disabilities and all the negative stories on the internet, it's best to send it in anyway as helps your application if you do. If you ask them about sending in a fit note on the phone, they will recommend that you send one in to help you.

You do have an assessment but it is looking at your daily living and mobility not ability to work

This assessment of which you speak of is actually called a Work Capability Assessment under government policy. If you look at the 12 assessment criteria for PIP, you'll find that firstly it's the same 12 criteria used to assess eligibility for ESA, and secondly it's designed to negatively filter out the less obvious, more deniable and more ambiguous disabilities. Also the assessors at Atos and Capita are allowed to and have free reign to deny what you say, assume they know about your subjective life experience more than you do, claim you said things you never said and lie to make stuff up.

MarkM88

innocent21 said:

For pip you do not have a work capability assessment they are for people claiming work related benefits like esa and uc when they declare a medical condition 

This is false. I applied for PIP and was given a work capability assessment. The only instance you wouldn't get one is if you're already claiming disability benefits like ESA or LCWRA, or if you are the lucky few who manages to bypass that process due to the influence of your doctor which is rare.

You also don't need a fit note for pip

Technically you don't have to, but given how hard it is to be accepted for disability benefits for some people and disabilities and all the negative stories on the internet, it's best to send it in anyway as helps your application if you do. If you ask them about sending in a fit note on the phone, they will recommend that you send one in to help you.

Work capability assessments are for UC/ESA, the clue is in the name. 

PIP is a separate assessment. 

I’ve never heard of anyone been asked for a sick note for PIP either, PIP is not about your condition or diagnosis it’s about how your life is impacted on a day to day basis in relation to the PIP descriptors. 

janer1967

@innocent21 I can assure you that you are wrong 

I get pip and also uc lcwra and what you describe is the uc work capability process 

Pip process is very similar but no fit note required and its a assessment 
Also getting lcwra doesn't mean you don't get an assessment for pip they are seperate benefits with different criteria 

I would do some research if you think I am incorrect as I have been advising on both process for a while now 

calcotti

innocent21 said: This assessment of which you speak of is actually called a Work Capability Assessment under government policy. 

As already advised by others, not for PIP. PIP has nothing to do with work.
A WCA is for the purposes of establishing entitlement to ESA or Limited Capability for Work for UC.

chiarieds

Hi @innocent21 - In the community's 'house rules' it says:

Please be careful about sharing information.

• Always check that information is correct and appropriate.
• Do not present opinions as facts.
• Share reputable sources of information.

As well as the corrections given above by Jane, Mark & calcotti, you do not have an hour long interview when ringing to start a PIP claim, you just have to answer a few questions.

Assessors do not 'lie', they form their own opinion instead, nor do they have 'targets', & in fact the majority of people have successful PIP claims.

Also if a person goes for a Mandatory Reconsideration, then this should always be put in writing. Phoning to ask for this is poor advice.

A tribunal is also independent of the DWP, & at this stage medical advice would not be disputed, a tribunal instead just wants to hear how the claimant's daily life is impacted by their disability.

There is info about PIP here: https://www.gov.uk/pip

Cher_Alumni

@innocent21 As advised by our members,  Work Capability Assessments (WCAs) are not part of the PIP process.  Rather, they are used to assess someone's ability to work and eligibility for UC/ESA - Please see this Turn 2 Us Overview of what a Work Capability Assessment is.  

Conversely, the PIP assessment assesses how someone's impairments impacts their ability to carry out the PIP activities and descriptors around daily living and mobility.  A fit note is not needed to claim PIP, however medical evidence that illustrates how a person's health condition affects their completion of the activities is beneficial.

Also, you incorrectly state that:

...the assessors at Atos and Capita are allowed to and have free reign to deny what you say, assume they know about your subjective life experience more than you do, claim you said things you never said and lie to make stuff up.

The health-care professionals conducting the PIP assessment forward recommendations on to the decision maker, based on their interpretation of information yielded.  As this is a human process, there can be subjective differences between different assessors and inaccuracies can occur, however to suggest lies are allowed is misleading.  Please take note of the community house rules around 'Keeping it safe':

• Always check that information is correct and appropriate.

• Do not present opinions as facts.

• Share reputable sources of information.

Returning to the OP - @skhan95 has the information received on this thread helped you?  Please let us know if you remain unsure.  

skhan95

I was on LCW before claiming joint claim I heard now they dnt do Lcw 
Now they give LCWRA is this correct?

janer1967

Hi there 

No this isn't correct they still do lcw and lcwra 

Lcw means you have to prepare for work and attend training if requested 

Lcwra means you have no work commitments and get the additional lcwra payment 

skhan95

Oh ok I call today citizen advice bearue and they said now universal credit dnt do lcw just lcwra 

chiarieds

The LCW element (an extra payment) has been abolished for those who have put in a new claim since 3 April 2017, altho LCW itself still exists, as well as LCWRA. This is explained here:

https://www.entitledto.co.uk/help/Universal_Credit_Work_Capability_Assessment