How do we stop the benefit cap please?
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Mimikyu
Community member Posts: 23 Listener
I don't like to talk about money but I really could do with some help.
The benefit cap is £1666
My rent is £1450 a month
I get some council tax support but still have to pay £76 a month
I've struggled since 2019 like this since I changed to UC.
What can I do please? How do we stop being benefit capped?
The benefit cap is £1666
My rent is £1450 a month
I get some council tax support but still have to pay £76 a month
I've struggled since 2019 like this since I changed to UC.
What can I do please? How do we stop being benefit capped?
Comments
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Receiving certain benefits will exclude you from the benefit cap. For example, PIP/DLA, ESA Support Group, claiming either carers element of UC or carers allowance, LCWRA for UC and may other benefits. See full list here. https://www.gov.uk/benefit-cap/when-youre-not-affected Does your UC include either the LCWRA element, carers element or disabled child element?Are you sure the benefit cap applies here. Is your home privately rented or social housing? Do you live with others or by yourself? If privately renting your rent entitlement will depend on the Local housing allowance in the area you live and it very often doesn't cover the whole of your rent so you have to make up the shortfall.Council tax reduction isn't part of the benefit cap. https://www.gov.uk/benefit-cap
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. -
This is what my recent statement says
Standard allowance: £525.72
Housing: £1450 (I rent from housing association)
Children: £1023.74 (I have 4)
LCW: 132.89
Total: £3506.32
Deductions:
- £373.97 other income
- £1747.99 Benefit Cap
Total: £1384.36 UC award, which doesn't even cover my rent
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Ah yes, thanks for that. Unfortunately, LCW doesn't exclude you from the benefit cap. May i ask what the other income is related to? (just want to check they are correct to deduct this because they are not always correct)You can apply for a discretionary housing payment (DHP) it's not guaranteed and if it is awarded it's usually only for a short period of time before you have to reapply. https://www.gov.uk/government/publications/claiming-discretionary-housing-payments/claiming-discretionary-housing-paymentsIf your health condition limits your daily life have you looked into claiming PIP? https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/
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. -
The other income deducted is my PIP, standard living and mobility. When I first went to UC I asked if I should be capped because I get PIP and then they told me to report that as other income so deduct that too. They explained my cap amount would be higher if they didn't deduct PIP so it helps me but I can't see how really.
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Mimikyu said:The other income deducted is my PIP, standard living and mobility. When I first went to UC I asked if I should be capped because I get PIP and then they told me to report that as other income so deduct that too.Then i'm so glad i asked. This is not correct, PIP isn't means tested so it should definitely not be deducted from your UC. Reporting it as other income was also very poor advice indeed because it's not classed as other income.Also because you're claiming PIP you are excluded from the benefit cap. See link. https://www.gov.uk/benefit-cap/when-youre-not-affectedI'd advise you to put a message on your journal under the payment section and tell them that the £373.97 deduction is incorrect because PIP isn't means tested. Also include that you're claiming PIP so the benefit cap should not apply to you.My goodness, i've heard of some dreadful stories and this is definitely one of them. I can't even begin to imagine just how many people are not claiming what they're entitled to because UC get it so wrong, so many times.When were you awarded PIP? and when did that claim start?As you're living with your partner, if they care for you for at least 35 hours per week they can also claim carers element. They need to report a change of circumstances and tell them they care for you for at least 35 hours per week. Your UC maximum entitlement will then increase by £168.81/month.Sorry for all the questions!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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Just wanted to add further to this after checking the PIP rates. £373.97 is not the anmount for standard daily living and standard mobility. Both parts add up to £345.20/week.
PIP amounts
Lower weekly rate Higher weekly rate Daily living part £61.85 £92.40 Mobility part £24.45 £64.50 Do you have any other income you've forgotten about? The benefit cap reduction is still not correct though because of your PIP award.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. -
Oh goodness I can't remember when my PIP claim started, I've been on DLA and then PIP for many years.
I claimed UC in 2019 when my partner moved in as they said he couldn't be added to ESA and then his 2 children came to live with us in 2020. But I've been capped the whole time.
I've added what you said to my journal but I can't see them changing it.
With the carer element they said he can not claim that for caring for me because we're partners. Is that not correct?
Why haven't they noticed this or said anything? I can't even begin to explain how much we've struggled and how much debt we're in because of the benefit cap all this time -
poppy123456 said:Just wanted to add further to this after checking the PIP rates. £373.97 is not the anmount for standard daily living and standard mobility. Both parts add up to £345.20/week.
PIP amounts
Lower weekly rate Higher weekly rate Daily living part £61.85 £92.40 Mobility part £24.45 £64.50
Let me find the calculation they shared to me in May last year. -
"MY NAME as explained before Universal Credit is a monthly benefit so we look at your income monthly. Your PIP is calculated as £61.85 + £24.45 = £86.30. This is then multiplied by 52 to make £4487.60 and then divided by 12 to make £373.97 which is the amount we deduct. If you would like to stop the benefit cap then you or your husband need to be in employment."
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Then that amount does make sense. What doesn't make sense is it's being deducted when it shouldn't be.Mimikyu said:
I've added what you said to my journal but I can't see them changing it.It should all be backdated to the date you claimed UC, regardless of how much that is.Yes, i can just imagine the struggle, that's a huge amount of money to lose out on!Mimikyu said:
With the carer element they said he can not claim that for caring for me because we're partners. Is that not correct?
Again that advice is quite shocking! Of course it's not correct. A partner is not excluded from claiming carers element for looking after you.Mimikyu said:If you would like to stop the benefit cap then you or your husband need to be in employment."
That's completely incorrect. As you can see from the links i posted, claiming certain benefits also excludes you from the benefit cap.If it was me then i'd also be putting in a complaint about the advice you've been given, you have proof on your journal. If you had been given the correct advice you wouldn't have been left in fianancial hardship for all this time. See link for more information. https://england.shelter.org.uk/housing_advice/benefits/how_to_complain_about_universal_creditI think i need another cuppa to recover from the shock of the terrible advice you've been given! I'm very glad you posted here!
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. -
Sorry for another question but they've replied to my message already and said "When would you like to report this change from?" I don't understand because it isn't a change it's how it has always been. What date do I give them?
If they stopped the cap would I really receive the full amount without deductions for PIP or anything? -
poppy123456 said:It should all be backdated to the date you claimed UC, regardless of how much that is.
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Mimikyu said:Sorry for another question but they've replied to my message already and said "When would you like to report this change from?" I don't understand because it isn't a change it's how it has always been. What date do I give them?Please don't be sorry. If you were claiming either DLA or PIP when your UC claim started then it will be from this date.Mimikyu said:
If they stopped the cap would I really receive the full amount without deductions for PIP or anything?
Yes, absolutely because the calculation is incorrect, the PIP isn't classed as other income and you shouldn't have been affected by the benefit cap. You will be owed all the money from the start of your claim.I remember quite sometime ago that someone posted here for some advice and it turned out that her UC calculation was incorrect and this person was given some advice. They returned some weeks later to give and update and they were owed inexcess of £30,000 (can't remember the exact amount) and had received all the money that was owed.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. -
I'm crying at the thought of not being capped any more anything else would be a bonus.
I'm so glad I posted as I'd never have known. I've posted back to them about it being from the start and that if they check my journal they can see that they've always known about PIP.
I also asked them to sort out the carers for my partner but now worrying that will complicate things? -
It shouldn't be complicated at all. They will need to recalculate all of your past statements before they can work out exactly how much is owed. When they do this your new statements will replace the old ones so because it's such a long time then i would advise you to take screenshots of your current statements so you have them to refer to.For the carers element, you need to ask your partner to "report a change of circumstances" on their journal and then report being your carer.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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It's incredible to think how on earth they've got this so wrong. If it's 3 years that you've claimed UC with all those deductions then that's a serious amount of money that you're owed.I can't even begin to imagine just how much you and your family have struggled over those years and even more so now with cost of living being so high.Threads like this make all the time i spend here (freely) so worth it when i can sit here and help someone like yourself.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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This is a disgusting example of dwp getting it wrong and causing financial hardship ..how do they do it the person who did this needs some action taking and other clients they are responsible for details checking
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UC replied and said they can't make a change out of my current assessment period but I won't be capped going forward. My next pay day is in 4 days will that one be capped still?
Thank you for your help I didn't think it would be possible to get the cap lifted so quickly -
Mimikyu said:UC replied and said they can't make a change out of my current assessment period but I won't be capped going forward.I completely disagree with that! I'd advise you to request the Mandatory Reconsideration. (MR) of the decision not to remove the benefit cap to the date in which you first claimed UC.Also mention your PIP being down as other income and being deducted from your UC which is also incorrect, it shouldn't be deducted.Mimikyu said:My next pay day is in 4 days will that one be capped still?You're welcome, glad i was here to help.
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. -
As advised by poppy, you should definitely request a Mandatory Reconsideration to review your all of your UC payments since you were awarded PIP. They should never have told you to report PIP as other income and they should not have applied the benefit cap since the PIP award.Mimikyu said:"MY NAME as explained before Universal Credit is a monthly benefit so we look at your income monthly. Your PIP is calculated as £61.85 + £24.45 = £86.30. This is then multiplied by 52 to make £4487.60 and then divided by 12 to make £373.97 which is the amount we deduct. If you would like to stop the benefit cap then you or your husband need to be in employment."poppy123456 said:
My goodness, i've heard of some dreadful stories and this is definitely one of them. I can't even begin to imagine just how many people are not claiming what they're entitled to because UC get it so wrong, so many times.Mimikyu said:My next pay day is in 4 days will that one be capped still?
Note that when they recalculate past entitlement they will produce nw statements. These will overwrite the previous statements. I suggest that you download copies of all your existing statements now in case you need to refer to them in the future.poppy123456 said:I think i need another cuppa to recover from the shock of the terrible advice you've been given! I'm very glad you posted here!
Depressing to know that there will many claimants who are incorrectly paid and who will never find out.
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