Universal Credit question

JESSABBY · September 2019

Long story short.
Learning Disabled 20 year old daughter with enhanced care and mobility PIP. Awarded 10 year period in 2016.
Until she turned 20 I received the severe disability element on child tax credits.
Which I showed at my daughters interview for U.C.
Work Assessment found her not capable of work, but she needs to think about work and take steps to move into work!!!
Work commitments are to carry on going to her learning disabled day care centre. Which is paid out of her social care budget..I take her and collect her. Her level of functioning leaves her extreamly vulnerable.
Mandatory appeal and with a letter from her doctor stating that she would never be in any normal work. We still lost!
So now just for a change in her age only (I am her carer, manage her finances and everything else) we are losing 130.00 a week. She only gets standard rate of U.C.
How the hell is this correct, and if I didn't take her to these centres would she be sanctioned. For the life of me I cannot understand what has been done!
Any help from anyone would really be appreciated.

poppy123456 · September 2019

Hi,

As the MR decision remained the same then your next step is to request the Tribunal within 1 month of the date of the decision. Most MR decisions do remain the same and unfortunately most have to take it to Tribunal.

The only downside to the Tribunal is the waiting times, backlogs are huge across most of the country and some are waiting as long as 1 year for a hearing date. Appearing in person will give her the best chance of a decision in her favour. They are totally independent to DWP and the health assessment providers and are very understanding.

If the decision is to give her LCWRA it will be backdated from the 4th complete assessment period from when she sent in her first fit note.

I would advise you to get some face to face advice from an agency near you. This link will help you find what's local to you.

https://advicelocal.uk/

JESSABBY · September 2019

Mandatory appeal was a farce..I am doing the tribunal route. My confusing really comes from the work commitments. If I didnt take her to the learning disabled day care centre which is supported by trained l.d workers and is her only means of any social life then would she get sanctioned. Obviously from my point of view if she wasnt going here then how would she be taking part in any work activity.
I am so confused by this.
Confused!!

poppy123456 · September 2019

Unfortunately with first doing the MR you can't take it to Tribunal.

As the day care centre is paid for out of her personal budget then it sounds like her work coach has just added that onto her work commitments so if she didn't go then she most likely wouldn't be sanctioned but you would need to speak to her work coach regarding that.

As she's in the work preparation group at the moment then it means that they acknowledge she has a limited capability for work and won't be forced into any work but taking steps to prepare for work in the future, is part of that group. What her commitments are will depend on her work coach and some are very understanding. If she's forced to do something she's unable to do then you are within your rights to request a different work coach.

May i ask if you send evidence to support her claim for the work capability assessment? They very rarely contact anyone for any evidence.

JESSABBY · September 2019

Hi Poppy, yes the MR remained the same and I am going to tribunal.
Obviously it's on my daughters behalf..she lacks capacity and would be impossible for her to do it..she has no idea of how you get money..no idea of what a job centre is..would not be able to get their even if she did know what these are..for myself I cant understand how at 19 years old we were better by 520.00 a month..and at 20 we as a family have lost all this money..no change at all in our circumstances..just her age
For myself I cant understand what support she is getting to enable her to prepare for work. That's what I am confused by.

poppy123456 · September 2019

Has she been officially assessed as lacking capacity?

The reason for the drop of income is because when she was 19 she was classed as a dependent if she was still in full time no advanced education and receiving PIP herself would have entitled you to more money each week, if you claimed child tax credits or UC child element.

Once she reached 20 regardless of whether she's still in full time non advanced education all your benefits you were claiming for her will automatically stop. Sooner than this if you were claiming Universal credit.

She's now classed a a non dependent and can claim a benefit in her own right. My daughter will be exactly the same as yours when she reaches 20, despite needing support everyday of her life.

Chloe_Scope · October 2019

Hi @JESSABBY and a warm welcome to the community! How are you doing?

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