Universal Credit as a disabled couple.
Comments
-
To refresh everyone on the intentions here:
we are attempting to get carers element. We both had LCWRA status, my partner has PIP meaning i can claim carers ELEMENT (not carers allowance).
UC are now suddenly claiming that my partner doesn’t have LCWRA status even though she has had it since single claim and was told to still have it after we had started our joint claim in june ‘22.
UC are now telling me that I can’t claim Carers element on her because I have LCWRA and she doesn’t (apparently)
UC have constructed this situation knowing i myself don’t have PIP so Carers element can’t be claimed for me.
0 -
When going from a single to a joint or joint to a single claim you will always lose everything on your journal and you should always take a copy of everything before reporting changes.Your partner can request the information that DWP hold on them and it's called "right of access" they will then send all the information they have. Make sure you request the date which includes when the decision was made on the WCA, this way you'll have proof that your partner was also found to have LCWRA. See link. https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions
1 -
It was so many years ago when the WCA happened we can’t remember, at least 3 years before our joint claim, will that matter?poppy123456 said:When going from a single to a joint or joint to a single claim you will always lose everything on your journal and you should always take a copy of everything before reporting changes.Your partner can request the information that DWP hold on them and it's called "right of access" they will then send all the information they have. Make sure you request the date which includes when the decision was made on the WCA, this way you'll have proof that your partner was also found to have LCWRA. See link. https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions0 -
It doesn't matter, they should still hold all the information about them.
0 -
Update today. I received a message in my journal stating that I was right and this forum was right the entire time and that they had made a mistake so they have got me to report a change of circumstances with the date backdated to the start of the claim to say everything that’s already stated so that they can process and sort out carers element.
photos showing both the original from when I started the joint claim and the change of circumstance, both stating identically.0 -
I'm glad to hear it's finally been sorted.
0 -
Sorry to jump on but I need advice and been reading this forum. Me and my husband are due to move house and are currently on esa both with sever disability premium as we are both on pip and was prior to joint claim.
When we move we will obviously be swapped on to pip due to change in circumstances and I am aware one person will loose LCWRA as only one element will be given which will be a loss of £500 to our income. I've been reading these comments and see that we can say he cares for me as an extra payment which means that we will loose £300 and not £500 which is better than nothing however would he be able to claim this seeing as he also gets pip (with daily living component). Or will he not be allowed because we both have a pip claim?
0 -
You won't be moved over to PIP because you're already claiming this. You will only need to claim UC if you need to claim for help with the rent and you're either moving to a different local Authority or you're claiming for help with the rent for the first time.
If you already claim housing benefit and you're moving to the same local authority then your existing benefits will continue and it will just be a change of address for your housing benefit and ESA.
If you're not claiming for help with any rent then your ESA continues as normal.
Can you please confirm which of the above applies to you?
0 -
Hey sorry I didn't mean pip I meant UC and yes we will be moving to different local authority and from a 1 bedroom flat to a 2 bedroom house due to needing an extra room. We already have housing benefits at the flat we live in now
0 -
If it's Income Related ESA that you're claiming and you're in the Support Group then you won't lose 1 LCWRA element because only the main claimant will be entitled to it anyway, even if it was possible to claim 2 LCWRA elements in the UC, which it isn't.
As your UC includes the SDP then your UC will include the SDP Transitional Protection, if there's no other adults living with you when you claim UC.
I would advise you not to claim the carers element in your first assessment period because if you do that then it will affect your SDP Transitional Protection. You should claim the carers element in the 2nd assessment period.
The only issue you will have is that the person who isn't the main claimant of the ESA claim will be treated as a job seeker in that first assessment period until you claim carers element.
0 -
Does the no other adults living with me mean my partner too who is the joint claim on esa. As I know it says there's a couples rater of transitional payment. Can 2 people claim the carers element for eachother like my husband for me and me for my husband and each get a payment? Or can only one claim it. What do you mean as a job seeker will he have to look for work as he would not be able to do that he would probably be told he 2 is entitled to LCWRA even though i know we can only have one element. I'm the main claimant but we both get spd as both get full pip each. I have never been assessed on esa I never get assessed for pip either I received indefinite rewards on both so will this just pass over when claimed as I'm worried about a gap in my money.
0 -
No, it doesn't include your partner because you are both claiming a qualifying disability benefit, which is why your ESA includes the SDP couples rate.
No, you can't both claim carers element for looking after each other because one of you will be claiming the LCWRA element and the same person can't receive both elements at the same time.
As you are the main claimant of the ESA then the LCWRA element will be for you. Your partner will not be entitled to that and will be treated as a job seeker in the first month unless they've also been through the work capability assessment. Their PIP and the SDP are both irrelevant for them.
Once you've claimed UC your Income Related ESA will continue for 2 weeks and then stop. If any part of it is contributions based this will continue but be deducted in full from any UC entitlement.
Your first UC payment will be just under 5 weeks after you submit your claim. You can ask for an advance payment but this will need to be repaid back and your future UC payments will be reduced.
You will not need a work capability assessment for yourself because you're in the Support Group.
Are you also aware that your ESA will not include any NI credits for your partner, they will only be for you as the main claimant.
0 -
So what will happen when he is pention age and he hasn't been paying national insurance contributions?. If my partner has been through the work capability assessment and they find him to be eligible for lcwr (I know you don't get extra money) will he still be able to claim the carers element?. How long does the transitional payment last and how come I shouldn't mention the carers element? Couldn't my husband get the carers element and then we get the transitional payment too? Or does it not work like that? When do I mention it or am I best not doing as I get more on the transitional payment than I do carers element surely it should be illegal to make us £300 a month worse off is there no way I can take them to court over that I know people have as its discrimination how can my husband suddenly not be disabled over night because we have moved house. What do you mean classed as a job seeker? Never been on job seekers so don't know what that includes, does that mean we will get less money, and why only 1 month?
0 -
He will need to have a state pension forecast. When you claim UC then both of you will receive class 3 NI credits towards your state pension.
There would be no need for him to go through the WCA because on the 2nd assessment period he can claim carers element. As a carer he will have no commiments and won't need to attend appointments or look for work. Until he claims this he maybe expected to do those but it will depend on his claimant commitments.
If he claims carers element when you first claim UC then yes this will affect the SDP Transitional Protection. The rules are that to qualify for TP you must still qualify for the SDP and if someone claims either carers element or carers allowance for looking after you in that first month you will lose entitlement to SDP couples.
SDP Transitional Protection when you're claiming couples SDP is £475.79/month extra in your UC.
If your partner claims carers element for looking after you in your first assessment period then your SDP TP will only be £140.97/month. Carers element is £198.31/month so you would be £136.51/month worse off if he claims carers element in your first month.
Yes, they can legally do this because it's the law.
When he claims it in the 2nd assessment period then the carers element will reduce your Transitional Protection by the same amount so you won't be any better off but you'll still be better off financially if you wait until then to claim it.
0 -
Previous comment of mine posted 3 times so deleted this one.
0 -
Previous comment of mine posted 3 times so deleted this one.
0 -
Oh he won't job search he's just said so. We will go without any money, and that's fine with me i know there is a discrimination act and adaptations they have to put in place for people who are disabled and if he can't physically or mentally do so and has been assessed as that in the past then they are not following protocol. He's disabled and gets pip because he cannot, he was also claiming single esa before we married and had an indefinite award, so they will have to asses him as LCWRA. We won't apply for carers element as to me looks like we will be worse off
What I don't understand about the transitional payment is that when I move will I get my new rent award so now my rent is £95 a week in the flat I am in but say I move to a house that is 2 bedroom and is £130 a week will my new award include that extra amount and not reduce my transitional payment or will it reduce it by the remaining housing reward so basically £475.79-£35 which would be the extra rent
0 -
You didn’t mention until now that he was claiming ESA himself before the joint claim. Had you mentioned that then I could have advised you appropriately. I can only advise based on the information you have given.
If his ESA claim remained as NI credits only then yes that will also apply to UC.
If it’s just the 2 of you at home and you’re living in privately rented property then you’ll be entitled to the 1 bedroom rate of Local Housing allowance.
If you live in social housing and have a spare bedroom when you move then you’ll be affected by the bedroom tax.
For either of those cases you can apply for an extra bedroom if either of you need regular overnight care or you can’t share a bedroom due to your disabilities. It will be down to a decision maker to make the decision on that.
TP will not reduce if you claim UC once you’ve moved house and your first UC payment includes the new rent amount.
0 -
Hey yes I think he gets NI contributions they have said he will be entitled to a 2 bedroom as he has a child that he does not claim for because her mother does but has a 50/50 court order so this gives us the bedroom entitlement as its not underoccupied would we still be subject to bedroom tax? but I need an overnight carer with him being able to provide the care I need and I'm living 60 miles from support with being autistic I cannot get out the house.
0
Categories
- All Categories
- 14K Start here and say hello!
- 6.9K Coffee lounge
- 58 Games den
- 1.6K People power
- 74 Community noticeboard
- 21.5K Talk about life
- 4.9K Everyday life
- 30 Current affairs
- 2.2K Families and carers
- 811 Education and skills
- 1.7K Work
- 426 Money and bills
- 3.3K Housing and independent living
- 854 Transport and travel
- 650 Relationships
- 58 Sex and intimacy
- 1.3K Mental health and wellbeing
- 2.3K Talk about your impairment
- 842 Rare, invisible, and undiagnosed conditions
- 892 Neurological impairments and pain
- 1.9K Cerebral Palsy Network
- 1.1K Autism and neurodiversity
- 34.8K Talk about your benefits
- 5.5K Employment and Support Allowance (ESA)
- 18.2K PIP, DLA, and AA
- 6.2K Universal Credit (UC)
- 4.9K Benefits and income