I'm on PIP, and my partner got a part time job. They've stopped our HB and told us to apply for UC

Billybear1

Hi my name is Phil thank you for letting me join this group i have a question i wonder if some one could help me please? i am on the higher rate of PIP both parts my partner got a part time job in june this year 11 to 13 hrs per week min wage the council at first stooped all our housing benefit then reinstaed us when he had to finish his job they have now thrown us off housing benefit and told us to apply for U credit and allso said we now owe them £700 overpayment i checked up before my partner started work and they all said it was ok for him to start work my partner is is also my carer thank you xx

poppy123456

HI,

They can't just "throw you off housing benefit." They can suspend it if they ask for proof of earnings etc. If you were no longer entitled then it will stop completely.  What benefits were/are you claiming apart from your PIP?

calcotti

Housing Benefit is a means tested benefit. If your partner’s earnings meant that there was no longer any entitlement to HB that would end the claim. Once closed a new claim cannot be made because they are no longer allowed. To get help with rent would then require a claim for UC.

However if the the council were in possession of all the facts but reinstated your HB and then realised it was an error, cancelled it and then said you owed them what they had paid you would appear to have grounds to argue that the overpayment is not recoverable because it was caused by official error.

As poppy says, what other benefits were you claiming and what happened to them when your partner was working?

Billybear1

We were on c.tax benefit i am on state pension and Dave is my partner is on carers allowance they had all the facts and allso Dave"s p45 from when he fin the job they reinstated us and paid us full benefits till the 12th this week then told me over the phone that they had made a human input error? and cancelled every thing and we have to apply for UC. we have note as yet re any offical word as yet
but thanks for your help this is a very trying time for us both

Billybear1

at the moment i have my state pension a works pension my pip and Dave has his carers allowance no other benefits

calcotti

Thanks for clarifying other benefits. State Pension and Carer’s Allowance are not means tested so are unaffected by his work provided the earnings did not exceed the Carer’s Allowance earnings limit.

As previously advised if the the council had correctly closed the Housing Benefit because the earnings meant there was no entitlement then it was a mistake in their part to permit you to make a new claim.

You should certainly challenge the council regarding recovery of the overpayment that has resulted.

I suggest you try a benefits calculator https://www.gov.uk/benefits-calculators to check how much UC you may be entitled to. You will have a basic couple allowance, the housing element and the carer element for your partner. Because you are a pensioner on enhanced rate PIP you are automatically entitled to be treated as having Limited Capability for Work and Work Related Activity (LCWRA) but will not be entitled to receive the LCWRA element itself until the fourth payment. (You may need to push UC to get the LCWRA bit sorted out.)

poppy123456

Your partners State Pension and the Carers Allowance will be deducted in full from any UC entitlement.

calcotti

poppy123456 said:

Your partners State Pension and the Carers Allowance will be deducted in full from any UC entitlement.

Thanks poppy - I meant to include that crucial information in my post!

Billybear1

Thanks to all for your help best ever! i have had reply from uc i will recieve it i get state pension 179.60 full pip at higher rate for both compents  David just gets his carers all he is only 52 we are waiting to hear about his claim have also applied to wigan  for counicil tax benefit  wiill post outcome thaks to all who have answerd it is a very trying time for both of us Love and peace David and Phil 

calcotti

Whether or not you have any UC entitlement is going to depend on the amount of help you are entitled to with your rent and how much your occupational pension is
Once the LCWRA is in place the monthly calculation will look like this:

Standard Allowance           509.91

Housing Element (rent)       xxx.xx

LCWWRA Element               343.63

Carer Element                    163.73

                                           ------
Maximum Credit                yyyy.yy

Minus Carer's Allowance     292.93
Minus State Pension            778.27
Minus occupation pension   www.ww
                                           ------
                                          zzzz.zz

UC payable  = yyyy.yy - zzzz.zz   
                   
For the first three months the LCWRA element will not be included in the calculation

Billybear1

thank you! i wait with baited breath! and all things crossed!