UC

Firey1971
Firey1971 Online Community Member Posts: 8 Listener
in Universal Credit (UC)

hello I am hoping someone can give me advice- I live with my partner both receive PIP ( I get high rate on both)- I am a carer receiving carers allowance and have been for a few years for our autistic son obviously my health means it is more guidance and support than physical but now my health is suffering under a number of specialists with long term condition that won’t ever improve.
This morning I received a migration letter to apply for UC obviously I knew was going to come has we were claiming Income support but now I don’t know what to do because of my own health do I remain on carers and struggle or do I say I am disabled.. I know I would be unable to go to work just recently got over two mini strokes but I don’t know what to do for the best ?

It mentions a transition payment but not if someone is a carer for you which my partner is any advice be greatly appreciated as this is making me ill with stress

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,458 Championing

    Being a carer doesn't prevent you from being entitled to Transitional Protection. (TP) What you mention here is related to those that receive Severe disability Premium in their legacy benefits. Your Income Support will not include this so this rule doesn't apply.

    You will be entitled to TP if your UC maximum entitlement is less than your current benefits. TP will then make up the difference so you're not worse off when you migrate.

    You do not need to report your health condition if you don't want to. As a carer you will have no work commitments, this applies to both of you.

    If you report your health condition and provide fit notes this will start the work capability assessment process off. If found to have LCWRA you'll be entitled to extra money from the 4th month after you provided your first fit note.

    However, LCWRA element and carers element can't be paid to the same person at the same time. This means that your carers element will stop and you'll just be entitled to LCWRA element. Your partners carers element will continue. If your UC also includes Transitional Protection this will erode due to the LCWRA element. Which means the loss of 1 carers element and Transitional Protection. There's a Upper Tribunal hearing due on 30th October regarding this.

    Once you submit your claim for UC your Income Support and housing benefit (if you claim it) will continue for 2 weeks.

    Your carers allowance for both of you will be deducted in full from any UC entitlement.

  • Firey1971
    Firey1971 Online Community Member Posts: 8 Listener

    thank you I do get a premium on my income support though

  • poppy123456
    poppy123456 Online Community Member Posts: 64,458 Championing

    To be clear, you claim carers allowance for looking after your son and your partner claims it for looking after you? is that correct?

    Also both you and your partner are claiming daily living PIP?

  • Firey1971
    Firey1971 Online Community Member Posts: 8 Listener

    yes that’s correct my care is more supportive due to DWP came to my house and made me an appointee I am unable to do any physical care

  • poppy123456
    poppy123456 Online Community Member Posts: 64,458 Championing

    As you're already claiming carers allowance, even if your Income Support includes single SDP your Transitional Protection will not be affected. Caring for someone doesn't have to be physical care, it can be any care.

    To recap my above advice. As you're both carers you do not need to go through the work capability assessment because neither of you will have any work commitments anyway.

    As your Income Support includes the SDP then if it was me I would wait until the last minute to claim UC. Although you won't be worse off when you migrate, Transitional Protection erodes over time. This means that if other elements increase or you become entitled to other elements the TP decreases until eventually it erodes completely. This basically means your UC will be frozen until TP ends so you won't be financially better off when benefits increase annually.

    Both PIP awards continue as normal. Your council tax reduction will be recalculated based on your UC entitlement.

  • Firey1971
    Firey1971 Online Community Member Posts: 8 Listener

    thank you very much my worry was if I had to give up care because of my own conditions have had recent diagnosis of severe arthritis now on crutches and a leg brace plus fnd, fibromyalgia and had aortic reconstruction and repair in 2008 so have internal issues from that all my evidence the DWP have because up until my major surgery I worked 3 jobs so was called in for work but my specialists stepped in saying that risk was too great with it being my heart and major artery - so obviously my health now is deteriorating and I am struggling with my own health so my worry is if call me I know it is going to be a massive struggle for me x

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