how does my lcw affect my partner on our claim uc if she's the main carer of our children? — Scope | Disability forum

how does my lcw affect my partner on our claim uc if she's the main carer of our children?

boriswho
boriswho Member Posts: 177 Member
edited September 22 in Universal Credit (UC)
how does my lcw affect my partner on our claim uc if she is the main carer of our small children one aged 5 and 8 months, Yet shes been off since covid then we had a lockdown baby shes been on maternity which ends in a matter of weeks. its been a massive help the past 2 years(covid) but i fear her going back leaving work me to strugggle.

I do worry which ultimatley affects mood which in turn causes flares, i do suffer risk of falls which was seen by a tribunal(appears i did not satisfy risk otherwise i would have qualified lcwra?) also(tribunal pressed me to state i could walk flat out 1 minute i guessed but failed to consider if my knee gives out its an instant stop time) medical evidence supports knees giving way, yet medical proffesionals statements one of which saw me walk about 3 meters and sit and bend me about a bit on a good day which was used as evidence i could walk reliably Or the fake statment of HCP stating i could do any distance.
In request to appeal to upper tribunal for lcwra (awaiting reply) I stated could not do 20 meters reliably (I get low rate pip should have appealed this also but was just grateful for getting anything tbh after being denied support more often then not) , never mind the 50mtr rule for UC. Im not sure if i ticked the varies box at application UC wca. 

But anyway just read something about main carer of children would this trigger any action from UC with me having lcw so my partner can possibly delay returning to work and we can get some actual support from extra money for lcwra would be a great help. I beleive i should satisfy lcwra criterea 50 meters

I do not think the journal states whos the actual main carer of the children(it is my wonderful partner ofc).
this sounds awful but in reality i do struggle with looking after myself with my ailments i need to do lots of physio( i have a physio sheet that states i need to do many exersizes just for my knees alone, i basically need wide range of physio & weight loss and strength building which i suppose i have neglected for too long and really need to do things like swimming(non weight bearing) regulary dieting and supportive clothing & footware this is going to take an incredible amount of effort on my part due condition or eccessive amount of pain(requiring more meds which im trying to reduce) either during when a random joint gives out but always after activity moving around the longer the worser is all i can say really i need to sit down frequently with time over distance (weightbearing moving around appears to cause me lots of problems which is worrying how bad i become typically unable to weight bear one sided generally but more recently had eppisode of both sided knees. once pain starts it simply get worse until i stop and rest for around 4 days worst case scenario forces maximum medication to try and ease.
ive not worked in nearly 4 years, and to be honest physically & mentally im not in a good place hooked on pain killers too that are a problem on theyre own. yet tribunals deny any ill health from medications,
they really do make me quite bad with memory or headaches, tiredness, stomache bowel problems.

should i just delete this thread and put this in my journal?

please dont write got citizens advice or some other support service im simply not in a position to talk to anyone else im tired of trying to explain my issues...
i just want all this **** done and dusted so i can concentrate on trying to get better....


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Comments

  • Adrian_Scope
    Adrian_Scope Posts: 8,168

    Scope community team

    Hello @boriswho
    If your partner is listed as the main carer for your children, until the youngest is age 3, your partner will not have any work search requirements so would not have to return to work from her maternity leave and they won't make her look for another job. However, once the baby turns 1, her job coach may call her in for meetings to discuss her future plans for work and to see if there's anything they can do to help her back into work. When the baby turns 2 they may ask her to do work related activities such as preparing a CV etc. There is no extra money for being the lead parent, just reduced work requirements. 

    When you first signed up to UC it should have asked which if you is the lead parent. If you're unsure you could ask them to check who you listed.

    Can I ask about your PIP, do you only receive the mobility component or do you receive the daily living component too?

    Good luck with your appeal for LCWRA. 
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  • poppy123456
    poppy123456 Member Posts: 24,684 Disability Gamechanger
    HI,

    For the mobilising descriptor for LCWRA then they also look at your ability to self propel a manual wheelchair so you would need to consider this if you report a change of circumstances. Although you have an ongoing case with your current claim so whether it's a good idea to report any changes i have no idea and i don't think anyone here can tell you that because we don't know anything about your case.

    With regards to your partner. If your PIP award includes the daily living part, is your partner claiming the carers element in with your UC? If they're not then they should report the changes onto their journal. Once this is added then there won't be any work related requirements for them.

    Hope this helps and sorry i can't give any advice regarding your ongoing appeal but good luck.
  • Cress
    Cress Member Posts: 999 Pioneering
    I'm sorry to hear you're going through this and although I know  there are people here who give great advice, you will have to speak or communicate with someone in order to get help. CAB can be used via email.
  • Cher_Inactive
    Cher_Inactive Posts: 4,414

    Scope community team

    edited September 15
    Hi @boriswho

    I'm sorry things are so tough for you health-wise, that sounds like a lot to deal with.  I wondered if you'd spoken to your GP about being:
    not in a good place hooked on pain killers too that are a problem on theyre own
    I understand how painkillers can help manage impairment-related pain, however if you feel that you are 'hooked' and are concerned about the long-term implications of this, then I'd recommend contacting your doctor to look at alternative coping strategies i.e. a referral to a pain clinic.  

    I can see you've received good advice about your UC - if you are comfortable providing the details requested then that will help our benefits-savvy folk to help you more in relation to this.

    Take care and have a nice afternoon.
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  • boriswho
    boriswho Member Posts: 177 Member
    hi thanks for the replys 
    @Adrian_Scope ,   yes low rate both i thought i would get high rate mobility but was 1 or 2 points off also i wasnt sure about daily living but i was awarded low. Yhis was awarded after what seemed like several fraudulent assesments by hcp's @ assessment centre's to a home assessment which was better quality and obviously being at home they saw a little of my homelife prior being out and was probably paranoid i was recording them.

    i do get the daily living its possibly wrong,i think i need to ask for it to be reviewed.

    just received my letter from 1st tier tribunals service after  requesting utt for uc lcw to be upgraded to lcwra and they refused. i read i can go it alone and appeal directly to utt so think i may well have to do this to get whats owed to me.





  • poppy123456
    poppy123456 Member Posts: 24,684 Disability Gamechanger
    Before reporting any worsening of conditon for your PIP claim you should get some expert advice to check that you could score more points for a higher award. Reporting changes before doing this could risk your current award.

    You mention UTT for your LCW. You can't appeal to UTT just because you think the decision was wrong. When the FTT made the decision did you request the Statement of Reasons (SOR) and Record of Proceedings (ROP) within 1 month of the date of the decision? You will need these to find the error in law. You will need some expert advice before doing anything else with this.
    For both of these you should start here. https://advicelocal.uk/

  • Adrian_Scope
    Adrian_Scope Posts: 8,168

    Scope community team

    Going back to your original question @boriswho, if you are receiving the daily living part of PIP, is your partner claiming the carer element of UC? 
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  • boriswho
    boriswho Member Posts: 177 Member
    hi poppy thanks for replys 
    poppy123456 said:
    Before reporting any worsening of conditon for your PIP claim you should get some expert advice to check that you could score more points for a higher award. Reporting changes before doing this could risk your current award.

    You mention UTT for your LCW. You can't appeal to UTT just because you think the decision was wrong. When the FTT made the decision did you request the Statement of Reasons (SOR)YES and Record of Proceedings (ROP) REQUESTED TRANSCRIPT within 1 month YES of the date of the decision? You will need these to find the error in law. You will need some expert advice before doing anything else with this would you like to see it?.
    For both of these you should start here. https://advicelocal.uk/BELOW



     Ive already from other post contacted  https://advicelocal.uk/ and have been in contact and continue to do so, but they can only help with new claims/forms etc but has offered small bits of advice.

    so im on my own with this one it seems, im willing to scan documents and photoedit my details out if anyone is available to spend a little time reading  and offering advice. ill scan the whole pack if needbe it may take me a few days to do.


    im appealing to the utt ultimately just because the decision is wrong as far as i can see, i was placed in the wrong group, and there are so many errors with information held on pack so many that its virtually impossible for me to explain in simple terms - however if i just explain how i am now is exactly how i was then except for a few additional problems and maybe a little more often
    Adrian_Scope said:
    Going back to your original question @boriswho, if you are receiving the daily living part of PIP, is your partner claiming the carer element of UC? 
    my partner has just yesterday ajusted her uc journal to reflect these changes but they are late approx 1 1/2 yrs,
    my partner was forced into applying for work she worked part time 16/26hrs during my appeal for limited capacity, this was a difficult time for me, then covid struck so been off since then incl the maternity.
    shes requested to reduce hours to 16 max to help but
  • poppy123456
    poppy123456 Member Posts: 24,684 Disability Gamechanger
    Unfortunately, it wouldn't be possible to go through any paper work on any internet forum because it's far too much too look through and no one here knows anything about your case or how your conditions affect you.
  • boriswho
    boriswho Member Posts: 177 Member
    I guess I'm going it alone then poppy123456 said:
    Unfortunately, it wouldn't be possible to go through any paper work on any internet forum because it's far too much too look through and no one here knows anything about your case or how your conditions affect you.
    I'll just have to pick bits out that I'm confused about then post here  or something and hopefully I get a reply with some useful information. 
    As I'm aware you can post images,pdf file on here no?
    Maybe I just post the information that they have used as evidence.
    Or I highlight bits that are incorrect?
    As for an error of law I take I just need to get the decision set aside to get a new hearing or?

  • boriswho
    boriswho Member Posts: 177 Member
    boriswho said:
    I guess I'm going it alone then poppy123456 said:
    Unfortunately, it wouldn't be possible to go through any paper work on any internet forum because it's far too much too look through and no one here knows anything about your case or how your conditions affect you.
    I'll just have to pick bits out that I'm confused about then post here  or something and hopefully I get a reply with some useful information. 
    As I'm aware you can post images,pdf file on here no?
    Maybe I just post the information that they have used as evidence.
    Or I highlight bits that are incorrect?
    As for an error of law I take I just need to get the decision set aside to get a new hearing or?


    what is the proceedure to find out why i never received a transcript of my tribunal but did the SoR ?? - RoP? whilst i didnt refer to it as that.. i just stated"request for statement of reasons sc228/19/00856
    and also transcript of proceedings (typed if possible) not handwritten... yet i only got one of the above?@poppy123456

    could we change the name of this thread again @Adrian_Scope it needs another name referencing the above unless its ok to just outspan in this thread wouldnt want to break the Rules of engagment!!
    whilst i think its innapropriate to change the thread name without permission i must admit its helpful for other yet Im yet to get the help I require......

  • poppy123456
    poppy123456 Member Posts: 24,684 Disability Gamechanger
    I’m afraid i have no knowledge of UTT and to be honest I don’t think this is the right place for advice regarding this because no one knows any details about your case. 
    For these reasons I’m out but I do wish you good luck.

  • boriswho
    boriswho Member Posts: 177 Member
    Won my iidb tribunal however they did not consider my other leg which has same symptoms, Went from no award  to a whopping total of 10% , (5 %ankle 5%knee).
    Now I'm sure if I could get the hospital to do an MRI of the other knee and ankle they would find similar or be almost identical in location and appearance yet the bad solicitor I had Irwin Mitchell in regard to my fall from a ladder wouldn't let me claim for it or the other injury to my back. Or indeed any other injury that went unnoticed till later.
  • poppy123456
    poppy123456 Member Posts: 24,684 Disability Gamechanger
    boriswho said:
    Won my iidb tribunal however they did not consider my other leg which has same symptoms, Went from no award  to a whopping total of 10% , (5 %ankle 5%knee).


    That means you may not receive any money because normally you need to be assessed as at least 14% disabled to be awarded IIDB. https://www.gov.uk/industrial-injuries-disablement-benefit/what-youll-get
    If you were awarded successfully because you're claiming UC it would also reduce the UC £1 for £1.https://www.gov.uk/industrial-injuries-disablement-benefit/further-information
     


  • boriswho
    boriswho Member Posts: 177 Member
    Just received my rop in email file but unplayable on and media player I have
  • boriswho
    boriswho Member Posts: 177 Member
    What is the most important part of a uc50 form 
    It's taken me all day to get down 1st section upto detailing your conditions
  • boriswho
    boriswho Member Posts: 177 Member
    boriswho said:
    Won my iidb tribunal however they did not consider my other leg which has same symptoms, Went from no award  to a whopping total of 10% , (5 %ankle 5%knee).


    That means you may not receive any money because normally you need to be assessed as at least 14% disabled to be awarded IIDB. https://www.gov.uk/industrial-injuries-disablement-benefit/what-youll-get
    If you were awarded successfully because you're claiming UC it would also reduce the UC £1 for £1.https://www.gov.uk/industrial-injuries-disablement-benefit/further-information
     


    Would this be the case in already compensated benefits through personal injury wouldn't want to compensate them twice now wouldn't we
  • calcotti
    calcotti Member Posts: 3,336 Disability Gamechanger
    boriswho said:
    What is the most important part of a uc50 form 
    It's taken me all day to get down 1st section upto detailing your conditions
    Not what you want to hear - but all of it is important. You need to explain in detail the difficulties you have carrying out the activities asked about.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • poppy123456
    poppy123456 Member Posts: 24,684 Disability Gamechanger
    boriswho said:
    boriswho said:
    Won my iidb tribunal however they did not consider my other leg which has same symptoms, Went from no award  to a whopping total of 10% , (5 %ankle 5%knee).


    That means you may not receive any money because normally you need to be assessed as at least 14% disabled to be awarded IIDB. https://www.gov.uk/industrial-injuries-disablement-benefit/what-youll-get
    If you were awarded successfully because you're claiming UC it would also reduce the UC £1 for £1.https://www.gov.uk/industrial-injuries-disablement-benefit/further-information
     


    Would this be the case in already compensated benefits through personal injury wouldn't want to compensate them twice now wouldn't we

    I'm afraid so, IIDB will still reduce your UC £1 for £1.
    boriswho said:
    What is the most important part of a uc50 form 
    It's taken me all day to get down 1st section upto detailing your conditions

    Detailed real world examples (at least 2) of what happened the last time you attempted that activity for each descriptor that applies. Include information such as what happened, where you were, who (if anyone) seen it and what the consequences were.
  • boriswho
    boriswho Member Posts: 177 Member
    As for the rop file, still unable to access this recording, I have the file the password but the file type doesn't look like a media file looks more like a wordpad and is called a .docx file 
    They're going to send a cd but to me it's simply going to have the same file attached which is in unusable to me 
    How do I go about getting this record of proceeds now?

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