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Benefit cap

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puppy1977
puppy1977 Community member Posts: 8 Listener
Hi thanks for letting me join. I was diagnosed with a bowel disease last year. I was claiming ssp from 1st July 2021 up until January 14th 2022 when the 26 weeks were up. I put in a claim for esa contribution based and that started on the 14th january. I also switched over from tax credits and working tax credits to uc on the 7th January bad mistake. Anyway they have placed us on the benefit cap whilst waiting on work capability assessment. My wife has also got a disability too. There seems so much confusion to the grace period I've been reading this week that ssp should count towards the grace period even though it falls below the earnings threshold. Before my illness I had worked the previous 12 months earning well above the threshold. I feel as if you are being punished for becoming ill. Has anyone else had this 
Many thanks 

Comments

  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited June 2022
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    Are either of you receiving a disability benefit?
    puppy1977 said:.. ssp should count towards the grace period even though it falls below the earnings threshold. 
    Have you got a link for that?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • puppy1977
    puppy1977 Community member Posts: 8 Listener
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    Waiting on pip assesment and work capability assessment 
  • puppy1977
    puppy1977 Community member Posts: 8 Listener
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    EARNINGS, STATUTORY PAYMENTS AND MA
    Earned income includes employed and self-employed earnings, employer sick pay and furlough payments.3Earned income also includes statutory maternity pay (SMP), statutory paternity pay, statutory sick pay (SSP), statutory adoption pay, statutory shared parental pay, and statutory parental bereavement pay. Note that SSP is too low to reach the earnings threshold required. An adviser with a client who does not qualify for this reason may wish to contact CPAG for advice.
    The DWP appears to accept that, where someone claims UC after statutory payments come to an end, s/he is regarded as having ceased paid work (for regulation 82(2)(b)) on the day after the last day in respect of which the statutory payments were made.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited June 2022
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    Even if applicable, I don’t see how that helps. If the day SSP ended is the relevant date then you would need to have earned over the threshold in the 12 months prior to that - which, unless your wife is working too, you will not.

    (As an aside, your entitlement to Working Tax Credits would have ended with your SSP anyway, although any Child Tax Credits could have continued.)
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • puppy1977
    puppy1977 Community member Posts: 8 Listener
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    Yeah it doesn't make much sense eh. Very unfair though I was hoping someone else had maybe encountered the same 
  • puppy1977
    puppy1977 Community member Posts: 8 Listener
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    That's why I started claiming uc as the working tax element was about to be taken away and thought we would be better off 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    Child Tax Credits are included within the benefit cap too.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • puppy1977
    puppy1977 Community member Posts: 8 Listener
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    I stopped claiming child tax credits when I moved to uc though 
  • Biblioklept
    Biblioklept Community member Posts: 4,948 Disability Gamechanger
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    calcotti said:
    Child Tax Credits are included within the benefit cap too.
    they're not capped though, they just are included in calculations for capping housing benefit etc
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited June 2022
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    calcotti said:
    Child Tax Credits are included within the benefit cap too.
    they're not capped though, they just are included in calculations for capping housing benefit etc
    Fair point, if no HB in payment previously then the cap would have been irrelevant.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • puppy1977
    puppy1977 Community member Posts: 8 Listener
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    I was receiving housing benefit prior to claiming uc 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    puppy1977 said:
    I was receiving housing benefit prior to claiming uc 
    So would have been hit by the benefit cap even if you hadn’t applied for UC.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • puppy1977
    puppy1977 Community member Posts: 8 Listener
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    OK thankyou appreciate all your help I was hoping there was some kind of loophole. Just have to hope they hurry qith the assessment 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited June 2022
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    If you are found to have LCWRA (or get PIP) they will have to recalculate your previous payments without the benefit cap applied and you will get paid back the difference.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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