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PIP and UC query

Princess59
Princess59 Community member Posts: 9 Listener
edited December 2019 in PIP, DLA, and AA
Afternoon everyone am new on here just wanting to say hi to everyone.  Am looking for some advice I had my p.i.p assessment at home but I was turned down for the higher rate of daily living I wanted to appeal but scared I lose my money.  Also my husband get the work capability allowance because of his health and we are on universal credit I had my universal credit assessment and I was given it they told me i might get money back . But after a few days I was told that we cannot get has a couple cause only one person can claim it. Is there any other payment I could be given has we find it really hard to manage thank you 
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Comments

  • steve51
    steve51 Community member Posts: 7,153 Disability Gamechanger
    Hi @Princess59

    Good Afternoon & Welcome.

    I am one off the Community Champion’s here at Scope.

    When did you have your pip assessment ???

    Do you need any help/support with it ????

    We have got a “Benefit Calculator” & I will post the link below for you:

    https://www.scope.org.uk/advice-and-support/calculate-your-benefits/

    Buy using this tool you will be able to see what Benefits  are available for you.

    Please please let me know if you need any help working it out???

    @steve51
  • chiarieds
    chiarieds Community member Posts: 16,007 Disability Gamechanger
    Hi @Princess59 - Welcome to the community, & thank you for joining.
    I'll ask for some help for you with your benefits. @poppy123456 please would you advise here, thank you.
  • Princess59
    Princess59 Community member Posts: 9 Listener
    Hi chiaieds what do I do now 

    Princess50
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    Hi and welcome,

    Firstly your PIP. If you disagree with the decision you have 1 month from that date to request the MR BUT i would advise you to get some expert face to face advice before doing this.

    PIP isn't awarded based on a diagnosis, it's how your conditions affect you're ability to carry out daily activity based on the PIP descriptors. Without knowing exactly how your conditions affect you it's impossible to advise whether or not you'll be able to score more points for a higher award. If this isn't possible then it's pointless requesting the MR and Tribunal.

    Yes, it's possible when requesting the MR that you could lose everything you already have. Most MR decisions remain the same though and there's a small chance you could be awarded a higher rate. Unfortunately no one can tell you if there's any risk to your current award by requesting the MR and this is another reason you need face to face advice. This link will help you find what's local to you. https://advicelocal.uk/

    For your work capability assessment, you said your husband receives extra money in your UC for not being able to work, is this correct? If so may i ask is it the LCWRA of £336 per month that he receives? If it is then you were advised correctly, only 1 person can receive the LCWRA in a UC claim, it can't be paid twice.

    May i ask if your partner claims either PIP daily living or DLA mid/high rate care? If they do then you could claim the carers element of UC for looking after him, this pays an extra £160 per month. If he doesn't then of course you won't be able to claim this.

    Unfortunately, your partner would not be able to claim this for you if you receive PIP daily living because the carers element can't be paid when receiving the LCWRA element.

    May i ask if you're claiming for council tax reduction separately to UC? Just wanted to check because council tax reduction isn't part of UC.

    Hope this helps.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Princess59
    Princess59 Community member Posts: 9 Listener
    Hi Chiarieds, 
    Thanks for getting back to me yes my husband did get p.i.p. but was stopped because they said he's fit for work but he isn't he still has problems but has appealed against it. I am frightened to appeal against mine just in case I lose my p.i.p I did appeal a few years ago and the judge gave it to me but then after 5 or 6 monthm they took it off me. We only pay £14:00 ,pounds a month for council tax, I was my partners carer because of his mental health issues but that stopped because they demined him fit for work . Thanks for your help 
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger

    PIP most definitely isn't about being fit for work and he wouldn't have been refused because of this. Lots of people claim PIP and work. PIP is about how your conditions affect your ability to carry out daily activity based on the PIP descriptors.

    Hopefully the PIP Tribunal will go in his favour, if it does then he'll be backdated the money to the date the original decision was made. If he is awarded the daily living part then you will be able to claim the carers element of UC.

    May i ask if you're renting your home and claiming the housing element of UC?  Do you have dependent children living at home? I just want to make sure you're claiming everything you're entitled to.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Ails
    Ails Community member Posts: 2,256 Disability Gamechanger
    Hi @Princess59 and welcome to the Community.  It is nice to meet you.   :smile:
    Winner of the Scope New Volunteer Award 2019.   :)
  • Princess59
    Princess59 Community member Posts: 9 Listener
    Hi Poppy thanks for your reply we rent from Dover district council.  Which we are having problems with because our universal credit is monthly and the rent is fortnightly they say we get into arrears because of that I pay the rent on the 14th of each month when we get our universal credit money it is 447 a month but they want us to pay 20 pounds extra each month so we don't get into arrears I have explained we cannot afford to but they still mention it every time I speak to them . At the moment we get 938:00 a month on universal credit cause we are paying a loan back which will be paid soon so that would make us 30 pounds better of a month.  I get 327:00 a month on p.i.p my husband get carers allowance and that's it  thanks 
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    It sounds like you're claiming what you should be claiming. Although your husband claiming carers allowance doesn't make you any financially better off because it's deducted £1 for £1 from your UC total amount and because he's claiming the LCWRA element then he can't claim the carers element as well.

    I think your landlord is being very unreasonable about your rent because UC pays 4 weeks in arrears and you can't pay what you don't have. It's just the way it works out.

    Please do get some face to face advice about your PIP award before requesting the MR. Hopefully your husband isn't waiting too long for the hearing date but do be aware that alot of people are waiting about a year because of backlogs.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Princess59
    Princess59 Community member Posts: 9 Listener
    Thanks Poppy , 
    Sorry what's MR ????
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    You're welcome. MR is Mandatory Reconsideration and is the first step to an appeal. Without going through the MR then you can't appeal a decision to a Tribunal.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Princess59
    Princess59 Community member Posts: 9 Listener
    Oh right I get it now lol sorry for being stupid. 

    Thanks 
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    You weren't being stupid at all, it's my fault for typing MR to begin with and not the full word. You're welcome.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    Hello @Princess59
    Can I just check, when you look at your UC statement, does it have all of these elements on it?

    Standard Allowance
    Housing
    LCWRA
    Carer Element

    And then the two deductions, one for your advance and another for the Carer's Allowance?

    UC are supposed to pick the most favourable option for the claimant. So although your partner can't claim LCWRA and the Carer Element, they should switch the in-payment LCWRA to you, so he would then receive the Carer Element. He would need to report that he's caring for you if he hasn't already. 
    Community Manager
    Scope
  • Princess59
    Princess59 Community member Posts: 9 Listener
    Hi Adrian  thanks for message my husband gets carers allowance and the work capability.  I get universal credit and p.i.p  thanks Princess 59
  • Liz2012
    Liz2012 Community member Posts: 14 Connected
    Hi , i'm new to all this myself, I was on the high mobility, low care on dla,( I was given this for life) just been made to go on to p.i.p been put on standed on both, I have to give my car back in January this has upset me so much, I spoke to my doctor when I was having injection in my lower back ( didn't work) if he would give me a letter supporting me. He told me to appeal and by time this comes up he will have seen me by this time and he will sorted this out then, the appeal will take some time, but if he had done I then it would of helped with the Mandatory Reconsideration, which didn't help at all. I scored 10 out of 12 for the mobility, 2 points was for planing a jouney, ( I don't do any way, my husband does that as he's my driver)

    Can some please help me understand UC and 
    LCWRA, UC we both get, I get LCWRA , if my husband gets a full time job would I loose the LCWRA , as I would still be unable to work. 
    Thanks 
    Liz

  • Princess59
    Princess59 Community member Posts: 9 Listener
    Hi Liz2012 I had same problem with my back injections didn't work . My husband gets work capability because he has mental health issues.  I went for a universal credit assessment and passed and was given the work capability allowance then they said that I couldn't get due to my husband having it so I don't get extra money am hoping to find out if they is anything else that I can get. I get universal credit, council tax deduction, and p.i.p 
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger

    Hi and welcome,

    For your PIP decision then you have 1 month from the date of the decision to request the MR. You should put this in writing stating where you think you should have scored those points and your reasons why. Adding 2-3 real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

    Do be aware that although most MR decisions remain the same you do risk losing everything you already have, as well as having the award increased. No one on an internet forum can tell you if there's any risks to your current award and for this reason i'd advise you to speak to an advice agency near you.

    Letters from GPs aren't the best evidence to send because a GP will very rarely know how your conditions affect you against the PIP descriptors. They will only ever know the basics, such as medication and diagnosis.

    To answer your question about UC your husband working will not affect your LCWRA BUT do remember that any earnings received during your assessment period will reduce the amount of UC you're entitled to.

    As you have LCW then you will be entitled to work allowance, how much you're entitled to will depend on your circumstances, If you receive the housing element then your work allowance will be £287 per month, if you don't receive the housing element then it will be £503 per month. This means that you will be able to earn that amount of money before you start to see any deductions. Any earnings over those amounts and you'll start receiving the 63% deductions in your UC amounts.

    How much UC you will receive each month will totally depend on how much he earns during the assessment period.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Liz2012
    Liz2012 Community member Posts: 14 Connected
    @poppy123456
    Thank you for getting back to me, it was my consultant who was saying all this to me. 
    UC we have been on this since march this year, we don't get any housing elements as we have a mortgage, that I know we don't get any for of help with.
    I am not very good and understanding things. 
    Thanks you again 
    Liz
  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    Liz2012 said:
    @poppy123456
    Thank you for getting back to me, it was my consultant who was saying all this to me. 
    UC we have been on this since march this year, we don't get any housing elements as we have a mortgage, that I know we don't get any for of help with.
    I am not very good and understanding things. 
    Thanks you again 
    Liz

    You're welcome. As you don't receive any housing element then your work allowance will be £503 per month, which means that your partner can earn that amount of money before any deductions will be made. Working full time will mean you will receive less UC each month but how much you will receive will depend how much he receives during your assessment period.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.

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