I don’t even know where to begin but any help would be so very appreciated
Like the title I just don’t know where to start, everything is a mess for me and I need help
I’m not sure how much information is needed but I’m 42 and have three children, I am disabled and my youngest daughter is disabled with life limiting conditions, her doctors now say she has 8-12 months left.
Shortly after she was born my husband left and I was told to claim UC, I was getting esa before that but it stopped when I claimed uc, I was told I would be better off on UC but my money is hundreds less which I don’t really understand. Im struggling so much and they’re hounding me to look for work even though my daughter is so ill and I’m disabled and can’t work. My mum was helping with my bills but they said it would be counted against my uc so she stopped and I’ve gotten j to so much debt
I get low pip for myself and I get high care DLA for my daughter but uc keep sanctioning me for not working and missing appointments but we spend so much time at hospital it’s just impossible for me to go in each week and no one will listen
Please what can I do?
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I saw some things that gave me other questions I hope that is okay, how do I know if I get transitional protection because I seem worse off not better?
Why does pip increase some people’s money when it is taken off of mine?
any help please 🙏0 -
Transitional Protection only applies to those that claim UC through managed migration. If you claimed through natural migration because of either a change of circumstances or you were told you would be better off then you won't be entitled to Transitional Protection. The only exception to this is if your ESA included the Severe disability premium.
I'll try to advise you but more information is needed before I can start.
1/ When you were claiming ESA which group were you in? Were you the main claimant of the ESA claim?
2/ When did you claim UC?
3/ can you tell me exactly what elements are included with your claim please? You can look on your journal for this.
Just to add, PIP will not affect your UC in a bad way and it should not be reducing the amount of UC you're entitled to.
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I claimed esa and my ex husband claimed carers allowance as he helped care for me.
I claimed UC in 2020 I can’t remember the exact date as it was such a bad year, but it was late April.This is how my statement looks:
Standard allowance 393.45
Child element 621.25
Housing 1291.33
Total: 2306.03
Deductions
Unearned income (other) 434.20 (which is DLA amount for my daughter)
Unearned income (other) 290.50 (which is my pip amount)
Direct to landlord 1291.33
£4.17 benefit cap
Total payment £285.83
But many months I don’t even get the 285 to live on with ny children because I keep getting the sanction applied too
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oh I didn’t answer I was in the support group for esa
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I think the esa might have been joint but it was mine?? I remember seeing couples on the statements I think but I don’t have them any more. I was 100% in the support group if that is what you needed to know
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I’m saying this in case it is important as I don’t know, but I asked uc before if I could care for my daughter as a carer but they said no and it is because she is third child I can’t get any money for her on my claim
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Something is very wrong here! Your PIP and daughter's DLA should not be being deducted from your UC claim. Neither of them are means tested!
That PIP payment refers to standard daily living, this means that you're excluded from the benefit cap.
I see you have 2 children. One of them claims DLA so you should also have the disabled child element included with your claim, which it isn't. As it's high rate care DLA you're claiming for them the you'll be entitled to the higher disability child element, which is £487.58/month.
When you were claiming ESA were you in the WRAG (work group) or Support Group? Were you still claiming ESA when you applied for UC? It's important that you answer this question please.
To start with you need to put a message onto your journal under the payment section and tell them that your PIP and child's DLA should not be being deducted from your payments. Then tell them that your UC should also include the higher disabled child element because your child claims high rate care.
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Sorry for my bad typing I’m finding it hard to talk about
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Yes I was claiming esa the day I applied for uc
I only claimed uc because when I called esa to say my husband had left they said that instead of doing that change, instead I should claim UC as it would be easier and I would be entitled to more, so I claimed UC the same day instead, and I was in the support group but when I claimed uc I got a letter to say because I claimed uc my esa ended
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oh and I said to them before about the disabled child part but like when I said caters they said I can’t get any money for her because she is my third child and there is a child cap and a benefit cap on my claim so I’m not allowed it
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*carers not caters
sorry my typing gets bad when I’m stressed and I can’t find where to edit
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I'm also going to add that it will definitely be worth you speaking to an advice agency near you and they will be able to guide you through this process because something I very very wrong here. This link will help you find an agency that's local to you.
Also if your child has 12 months or less left to live then you need to ask their doctor or consultant for the SR1 form and report changes to their health condition, the claim will be fast tracked. There's some information here.
If the child might have 12 months or less to live
There are special rules if a medical professional has said the child might have 12 months or less to live, so they can get DLA more quickly.
Phone the Disability Living Allowance helpline to start your claim. Ask a medical professional for form SR1. They’ll either fill it in and give the form to you or send it directly to the Department for Work and Pensions.
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As you were in the Support Group for ESA then your UC should have also included the LCWRA element for yourself from the start of your claim. You should not be being sanctioned.
The disabled child element isn't affected by the 2 child cap limit. You are still entitled to that element.
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Please may I ask the ages of your children?
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I looked at that link and only have age U.K. and citizens advice who I already tried, citizens advice said they are very busy and to try Scope since we are disabled.
I already get DLA for my daughter so do I need to report the change or get the sr1?
Sorry what is lcwra and why should I not be sanctioned?
I have three children, twins that are 9 and my youngest who I get DLA for and she’s 4
Why is the disabled child element not affected by the cap? UC told me it was and I can’t get any money for her at all
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LCWRA is the same as the Support Group for ESA and because you were in this group when you claimed UC it should have been included in your claim from the start. You do not need to attend any appointments or look for work when you have LCWRA.
The disabled child element is different to the child element and this isn’t affected by the 2 child limit. They are incorrect to tell you that it is. They are obviously aware that you claim DLA for your child because it’s incorrectly being deducted from your UC.
Please do as I advised earlier in the thread and put a message onto your journal.
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Just to recap, my previous advice was the following.
put a message onto your journal under the payment section and tell them that your PIP and child's DLA should not be being deducted from your payments. Then tell them that your UC should also include the higher disabled child element because your child claims high rate care.
Also include in the message that when you first claimed UC you were claiming ESA in the Support Group so your UC should have included the LCWRA element from the start of your claim. This is assuming that you were definitely the main claimant of the ESA claim and it wasn’t your partner.
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I did what you said poppy and I'm not sure what you said is rightas they messages back
"If you receive income from other sources, it is correct that this is deducted from Universal Credit. Universal Credit is not intended to be a lifestyle support and accounts for any income from other sources. We have discussed Felicity, and there has been no change: you cannot receive any money for your third child born after 2017. I'm also not sure you should be receiving DLA for them, so you may need to check that. Please don't forget our work search meeting on Tuesday at 11am."
I didn't say the support group bit yet but I just don't know what to do about any of this
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Poppy knows what she is talking about and is correct. Her recap is spot on.
As writing on your Journal hasn't helped, I would make a formal complaint so (hopefully) someone that actually knows what they are doing looks at your claim, which has many things UC have gotten wrong.
It is ludicrous that they are now saying you shouldn't get DLA for your child, totally outside their remit as well as being incorrect.
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Hmm I thought I commented on this, I must have forgot to click "post comment"
Thank you Kimmy. This is ridiculous, I've never heard of such nonsense. That person clearly doesn't know what they are talking about.
Please make that complaint as advised by kimmy. I would also advise you to contact your local MP and explain to them exactly what's happened. Hopefully, they will contact UC on your behalf to sort out this mess.
https://www.parliament.uk/get-involved/contact-an-mp-or-lord/contact-your-mp/
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