Universal credit - technically not fit to work but fit work

w06

Is this right (as in correct not as in fair)

Bit of background:
I'm quite severely disabled, largely bed bound, can walk a couple of metres at best, and also profoundly deaf. I'm on enhanced rate PIP for both parts but no income related benefits (NI credits only ESA). Live in a privately rented house.

I finished my PhD yesterday, apart from the viva (oral exam) which will be in a few months, my funding ended yesterday too and I'm now technically not a student.

I've primarily worked from home for several years, prior to and during my phd, and am actively looking to find a job that means I can keep doing that, there should be a good chance of finding work soonish. (ever the optimisit!!)

The question:
If I claim Universal Credit this week, to make sure that my rent is paid next month, will the rate of UC paid be that of someone who is able bodied if I don't submit a fit note? I meet at least the unable to mobilise 50m descriptor (including can only push my chair a few metres before turning blue), but I can't in all honestly claim to be unfit to work when I know and am demonstrably capable of working in the niche I carved for myself.

thanks for any advice

pmlindyloo

Are you on ESA NI credits only because of your (previous) student loan? If you are then you need to inform the DWP that your loan has come to an end (check the date your funding ended)

Or do you have savings? I am presuming not since you need help with rent.

So without any other income (?)/savings your ESA should start again and this will give you automatic entitlement to HB and no need to claim UC.

Or am I missing something?????

w06

I had a PhD stipend (no loan) of 1300 a month. Unfortunately I didn't realise that I would have been entitled to contributions based ESA throughout, because I worked until the day I started, and so only claimed ESA to get the credits last year. I filled in an ESA 50 but never had an assessement.

I was under the impression that as I didn't claim housing benefit, in order to do so I'd now have to end my ESA claim and claim UC to get help with rent, is that not right?

No actual savings or assets, enough money to keep me afloat (under 5k) as a 0% credit card balance transfer temporary measure.

pmlindyloo

w06 wrote: »

I had a PhD stipend (no loan) of 1300 a month. Unfortunately I didn't realise that I would have been entitled to contributions based ESA throughout, because I worked until the day I started, and so only claimed ESA to get the credits last year. I filled in an ESA 50 but never had an assessement.

I was under the impression that as I didn't claim housing benefit, in order to do so I'd now have to end my ESA claim and claim UC to get help with rent, is that not right?

No actual savings or assets, enough money to keep me afloat (under 5k) as a 0% credit card balance transfer temporary measure.

So you may have to claim UC depending on your area. Pop your postcode into this link and find out if you are in a full service area.

https://www.citizensadvice.org.uk/benefits/universal-credit/before-you-apply/Check-if-youre-eligible-for-Universal-Credit/

pmlindyloo

Are you still sending in fit notes for your ESA claim?

w06

I've never sent them a fit note, didn't need to as a student on PIP. That's my problem really I can't/won't declare myself unfit to work, although on paper I am

It's a UC full service area now

Alice_Holt

W06 - Some thoughts, please take these as opinions rather than facts as UC is new and rather complicated.

1) UC is a benefit for all working age claimants, rather than differentiating between those fit for work and those not fit for work and then allocating them to a different benefit (i.e JSA & ESA) with different regulations and expectations.

2) In addition to the Basic element (£319 pm), if you are assessed as having limited capability for work related activity (the LCWRA element) - then an additional £319pm is included in your UC calculation.
LCWRA is equivalent to the SG of ESA - the same criteria and descriptors are used.

So, if you cannot either
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.
- Then you should be placed in the LCWRA element for UC.

Some info on UC claimant commitments:
https://www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit
https://www.entitledto.co.uk/help/Universal_Credit_Work_Capability_Assessment

3) If you then have employed earnings, you are not subject to the permitted work rules of ESA. All that happens (I think) is that your UC is withdrawn at the taper rate, as your earnings increase above the work allowance.
If you are self employed (and hence subject to the minimum income floor after 1 year), then I'm not sure if being in the LCWRA group would mitigate the effect of the MIF. Logic would say yes, but logic and UC are not allied.

HTH

w06

Thanks both, Is everyone who claims UC subject to the capability for work/work related activity assessment then? that would solve the issue really if it's the case

pmlindyloo

w06 wrote: »

I've never sent them a fit note, didn't need to as a student on PIP. That's my problem really I can't/won't declare myself unfit to work, although on paper I am

It's a UC full service area now

So as a student on PIP and having applied for ESA then you would automatically be assessed as having limited capability for work.

You should have had a WCA to decide whether you should be placed in the WRAG or support group. It seems that you have had not had that yet.

To be honest, this is rather complicated.

My inclination would be to telephone the DWP and ask them what has happened to your ESA claim explaining that you are no longer a student and now need to claim UC as you are in a full service area because of your housing costs.

I do not know whether you would still be considered to have limited capability for work/whether you would need to go for an a WCA or whether you would just move to UC.

If you get a call centre bod when you telephone then they are not likely to know so you must ask for a call back from a manager/supervisor.

If they say you can close your ESA claim and just apply for UC then that would be fairly straightforward.

I understand that you are fit for work but, from what you say, you may meet the criteria for being placed in the support group so this would give you more money under UC but it does not stop you working if you want to.

w06

thanks, complicated by not being able to use the phone (deaf) , the DWP aren't great via text relay, I'll give a try on Tuesday though.

I'm hoping I'll find enough work for it not to matter, but as the stipend was paid in advance rather than arrears (last payment a month ago) I need to get the ball rolling to make sure I can keep afloat for now

Alice_Holt

Re UC - I do think getting into the right UC claimant commitment group is important.

You don't want to in the group that expects you to search for all work, and then be sanctioned for not applying (for say) a building job!

You would be advised to make very clear your physical limitations to your work coach (and supplying a fit note).
As pmlindyloo says "you may meet the criteria for being placed in the support group so this would give you more money under UC but it does not stop you working if you want to."

If you are intending to be self employed then I would suggest some research on how you may be affected by the UC minimum income floor.