disability and universal credit i.e. Tax credits

eskimo26

Hi all,

So I moved for study which is over but I would like to stay here.

I'm now living in a universal credit area according to the entitledto calculator and this:

https://www.gov.uk/guidance/jobcentres-where-you-can-claim-universal-credit#jobcentre-areas-r----u

although oddly the claim numbers the Job centre gave me have "ESA new claims listed".

I'm hoping to use the following clause to access disabled tax credits:

Condition E: the ‘Fast Track’ - This is known as the ‘Fast Track’ because it enables people who have been off work for a while to return to work without having to have been either off sick for six months or be on DLA etc (as in Conditions A to D). The ‘Fast Track’ rules are that –

at the date of claim
- you have a disability likely to last at least six months (or for the rest of your life if your death is expected within six months); and

- your gross earnings are less than they were before your disability began, by at least 20% or £15 a week, whichever is greater; and

at any time in the last eight weeks before you claim, you had been getting, for at least 20 weeks:
- ESA, SSP, occupational sick pay, incapacity benefit or income support paid on the basis of incapacity; or

- national insurance contribution credits on the basis that you were incapable of work or had a limited capability for work.

(SOURCE OF THIS INFORMATION: https://www.disabilityrightsuk.org/tax-credits-extra-money-due-disability )

TLDR:
Basically i'd like to get access to disabled tax credits or The limited capability for work element of universal credit as soon as able and not wait 6 months.

All help appreciated.

calcotti

You do not say if you are already getting.any benefits.

For new claims if you are in a UC area you cannot apply for Tax Credits.

If you apply for UC with a Fitness for Work statement from your GP (actually a statement from your GP explaining why you are not fit for work) the DWP will start a Work Capability Assessment. Only after the assessment has been completed can you get the LCWRA component in your UC (if you are found to have (LCWRA). If you are found to Limited Capability for Work only you do not get any extra money in your UC.

eskimo26

Alice_Holt wrote: »

"So I moved for study which is over but I would like to stay here."

Can you give more details?
Would you pass the UC Right to Reside and Habitual Residence test?
https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/

I moved 40 minutes away from South east of london to the south west of london.

You do not say if you are already getting.any benefits.

For new claims if you are in a UC area you cannot apply for Tax Credits.

If you apply for UC with a Fitness for Work statement from your GP (actually a statement from your GP explaining why you are not fit for work) the DWP will start a Work Capability Assessment. Only after the assessment has been completed can you get the LCWRA component in your UC (if you are found to have (LCWRA). If you are found to Limited Capability for Work only you do not get any extra money in your UC.

Hi Calcottl,
I've just left my degree so I haven't put any claims in yet and do not currently receive any benefits.

I'll call the claim line tomorrow and ask but it says "NEW ESA CLAIMS" with the claim line number on the paperwork that the job centre hands out.

Can universal credit be backdated 3 months like ESA?

poppy12345

UC can be backdated for 1 month.

calcotti

eskimo26 wrote: »

Hi Calcottl,
I've just left my degree so I haven't put any claims in yet and do not currently receive any benefits.

I'll call the claim line tomorrow and ask but it says "NEW ESA CLAIMS" with the claim line number on the paperwork that the job centre hands out.

Can universal credit be backdated 3 months like ESA?

There is 'new style' ESA which can still be claimed in UC areas but it is contribution based only so if you have been studying for the last few years you will not qualify. The job centre paperwork may refer to this or, alternatively, the JobCentre paperwork simply hasn't been updated properly.

As poppy says UC can only be backdated for one month and even then you have to have a 'good reason' for this. You cannot get backdating simply by asking.

The reason I asked about other benefits was that your opening post suggests that you expect to be found to have a disability that prevents you working. If you do have a long term health issue or disability have you looked at Personal Independence Payment (PIP)?

eskimo26

The reason I asked about other benefits was that your opening post suggests that you expect to be found to have a disability that prevents you working. If you do have a long term health issue or disability have you looked at Personal Independence Payment (PIP)?

I'm eligible for PIP but i'm always on the cusp of qualifying. I will apply and likely receive the lower rate if i'm lucky, depends how they tally up the score. I could miss it by a few points or get it by a few points (4-8). At least that was my impression the last time I applied.

Thanks for your help

poppy12345

eskimo26 wrote: »

I'm eligible for PIP but i'm always on the cusp of qualifying. I will apply and likely receive the lower rate if i'm lucky, depends how they tally up the score. I could miss it by a few points or get it by a few points (4-8). At least that was my impression the last time I applied.

Thanks for your help

The last time you applied? Do you mean you were previously refused?



For PIP if you don't meet the descriptors you won't score the points for the award. Having an understanding what the descriptors mean will help.

countrygirl33

I'm on ESA/PIP and getting SDP. My disability has worsened and my sister is going to claim carers allowance, for looking after me.

How will this change affect me financially? Possible UC trigger?
I live in a UC full service area.

Thank you in advance, for any help.

Alice_Holt

countrygirl33
No, but it will mean you lose the SDP addition to your ESA.

Might be worth a benefits check to see if claiming CA is sensible given your and your sister's circumstances.

eskimo26

The last time you applied? Do you mean you were previously refused?



For PIP if you don't meet the descriptors you won't score the points for the award. Having an understanding what the descriptors mean will help.

I didn't get my evidence in on time but I have an in depth knowledge pf the descriptors. My university advice service gave me a booklet guide produced by one of the charities.

I just need to look up my old application and it should help.

calcotti

countrygirl33 wrote: »

I'm on ESA/PIP and getting SDP. My disability has worsened and my sister is going to claim carers allowance, for looking after me.

How will this change affect me financially? Possible UC trigger?
I live in a UC full service area.

Thank you in advance, for any help.

As Alice says if your sister claims CA you lose SDP. Moreover, if your sister is on any means tested benefits the CA gets taken into account as income so she only gains £36/week whereas you lose £64.30.

A full benefits check for you both is advisable, as suggested by Alice, before making a decision.