Question about pip and non dependant.

calcotti

Captainkitten729 said:

I also live with my sister who is a non dependent but I heard that if I am claiming PIP the daily living part that they could not take deductions. Is this true? 

Yes, there is no Housing Contributions deduction for a non dependant if you have Daily Living PIP.

Captainkitten729

Thanks for the info. I told them I was on PIP and they seemed to be disinterested and only focus on the ESA which they are trying to get me to fill in this form. My sister is going to the Job Center with me tomorrow because I have an appointment with a work coach and she is going to help me. We will ask them about this there. I have an award letter with proof of what I was getting on ESA as well and PIP one and they are the most recent ones.

Captainkitten729

They said this in my journal

"If you wish to claim the disability element of Universal Credit you will need to go through a work capability assessment, the first stage of which is completing the questionnaire, this still needs to be done regardless of other benefits in place.

 

If you do not want to do this let us know and we will stop the process.

 

Regards,"

*edited the format of the quote to be readable on the forum*

durhamjaide2001

Captainkitten729 said:

They said this in my journal

"If you wish to claim the disability element of Universal Credit you will need to go through a work capability assessment, the first stage of which is completing the questionnaire, this still needs to be done regardless of other benefits in place.

If you do not want to do this let us know and we will stop the process.

Regards,"

It would be good if you could go through all the assessment again so you have some sort of benefits. I know it's a hassle but it will be worth it in the end. Do you have any other source of benefits at all?

Captainkitten729

durhamjaide2001 said:

Captainkitten729 said:

They said this in my journal

"If you wish to claim the disability element of Universal Credit you will need to go through a work capability assessment, the first stage of which is completing the questionnaire, this still needs to be done regardless of other benefits in place. If you do not want to do this let us know and we will stop the process. Regards,"

It would be good if you could go through all the assessment again so you have some sort of benefits. I know it's a hassle but it will be worth it in the end. Do you have any other source of benefits at all?

I get PIP but that's monthly and I was originally told that nothing would change as I was in the support group for ESA. But now they are sending these assessment forms. My real problem is that a few years back when I had to change over to pip they scored me 0 points which took six months to fight against until they awarded me the right amount. It was months of unnecessary stress.

calcotti

durhamjaide2001 said:
It would be good if you could go through all the assessment again so you have some sort of benefits. I know it's a hassle but it will be worth it in the end. Do you have any other source of benefits at all?

That's poor advice. OP should not put themselves through a WCA just because UC are maladministering their claim.

OP, if you were in receipt of ESA in the Support Group on the day you claimed UC you are entitled to have the LCWRA element included in your UC award from the outset.

The message from UC shouldn't even refer to the disability benefit because that isn't what it is called. The only bits of UC referred to as disability elements are the disabled child elements.

OP, put a message in your journal along these lines.
"You have said that in order to receive the LCWRA element I must go through the WCA. However when I claimed UC I was receiving ESA in the Support Group which means that I have already been found to have LCWRA as a result of a WCA. I understand that I am therefore entitled to receive the LCWRA element from the start of my claim without further assessment." 

calcotti

UC can decide to reassess you and put you through another WCA but that wouldn't stop you getting the LCWRA element now and it seems clear from what you have posted this isn't a case of Uc deciding they need to reassess, just ignorance on the part of the person dealing with your claim.

Captainkitten729

I sent the message in the journal and am waiting for them to respond. 

Community_Scope

Hello @Captainkitten729

Just to let you know we edited the format of your comment to make it readable on the forum  

durhamjaide2001

Biblioklept said:

durhamjaide2001 said:

Captainkitten729 said:

They said this in my journal

"If you wish to claim the disability element of Universal Credit you will need to go through a work capability assessment, the first stage of which is completing the questionnaire, this still needs to be done regardless of other benefits in place. If you do not want to do this let us know and we will stop the process. Regards,"

It would be good if you could go through all the assessment again so you have some sort of benefits. I know it's a hassle but it will be worth it in the end. Do you have any other source of benefits at all?

@durhamjaide2001 You are so so SO sweet and all of your posts I read are just so kind hearted, caring and helpful but when it comes to benefits please be really careful with what you say. If you're not 100% sure on what the question is, or whether your answer is right, it would be better to stick to wishing them good luck and offering emotional support because the wrong advice can cause so many problems for people.

This person does not need another assessment because they already have an award under ESA and that should carry over.

Ok thanks for your advice 

calcotti

The relevant regulation is here
https://www.legislation.gov.uk/uksi/2014/1230/regulation/19

Relevant DWP guidance is included in
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1093238/admm6.pdf
See paragraphs M6190, M6191, M6195 and M6196.

M6195 Where
1. an award of UC is made to a claimant who was entitled to old style ESA on the relevant date (see M6191) and

2. before the relevant date, it had been determined that the claimant had, or was treated as having LCWRA and

3. the assessment phase had ended the claimant is treated as having LCWRA without the need for the WCA.

M6196 Where M6195 applies, the LCWRA element is normally included in the amount of UC award to the claimant from the beginning of the first assessment period. The guidance about the relevant period before which the element is not included in the UC award in ADM Chapter F5 (LCWRA element) does not apply.

 OP, if the response you get is unchanged, post a further message including the above and ask them to look again.

if, after that, you are still not getting anywhere you will need to request a Mandatory Reconsideration of the decision to include the LCWRA without a WCA. that will then push the issue higher up.

poppy123456

Biblioklept said:

durhamjaide2001 said:

Captainkitten729 said:

They said this in my journal

"If you wish to claim the disability element of Universal Credit you will need to go through a work capability assessment, the first stage of which is completing the questionnaire, this still needs to be done regardless of other benefits in place. If you do not want to do this let us know and we will stop the process. Regards,"

It would be good if you could go through all the assessment again so you have some sort of benefits. I know it's a hassle but it will be worth it in the end. Do you have any other source of benefits at all?

@durhamjaide2001 You are so so SO sweet and all of your posts I read are just so kind hearted, caring and helpful but when it comes to benefits please be really careful with what you say. If you're not 100% sure on what the question is, or whether your answer is right, it would be better to stick to wishing them good luck and offering emotional support because the wrong advice can cause so many problems for people.

This person does not need another assessment because they already have an award under ESA and that should carry over.

I 100% agree with this. There's been so many times when someone has had to correct the misleading advice given by Jaide on many threads. It's quite concerning because if someone is given the incorrect advice then that's just unthinkable.

durhamjaide2001

I'm so sorry 

poppy123456

I hope you don't think i'm being rude because that's not my intention. I know your heart is in the right place and you just want to help.

durhamjaide2001

poppy123456 said:

I hope you don't think i'm being rude because that's not my intention. I know your heart is in the right place and you just want to help.

No no it's fine I honestly want to work my way up to volunteering in this community as scope is the best volunteering place o have worked for 

Captainkitten729

I still haven't had a response. The work coach doesn't seem to know whether I'll just get transferred and she told me to check my statement on the day it says to see what I get paid.

Captainkitten729

Should I still fill in the questionair?

calcotti

Captainkitten729 said:

Should I still fill in the questionair?

Have you already received the questionnaire? If so I think you will have to complete it and return it because the WCA has started.

Captainkitten729

I got it yesterday. My sister is gonna help me fill it in tomorrow.

Captainkitten729

I had to do a commitment from my work coach but she removed all work related activity. I guess I'm going to have to wait and see what my first statement says as it will be on January 30th