Looking for advice re UC

Simon7685

I am disabled and receive PIP on a ten year award. In 2012 I set up a small business working from home and have received WTC, CTC and HB at varying amounts since then. Due to disability I only work 16 hours a week and get the disabled element of WTC as well.

My marriage has ended just before Xmas and my wife has moved out. As we live in a full UC area I am assuming I now need to claim UC?

I have read pages and pages of things online but can't find answers to some of the questions I have, so thought some of the good people on here may be able to help me out.

With WTC I only had to work 16 hours per week to qualify for the extra disability payment in WTC. Is this the same under UC or am I going to find myself being expected to work 35 hours a week which I can not do.

Also I have not been able to work since November due to my health problems and impending hospital treatment. I havent claimed anything during this time as WTC said I could be sick for up to 28 weeks and it doesn't affect my WTC. I hope that after my op later in January I will be able to start getting back on my feet and at least be doing some work again.

I know I need to claim for CHB for my daughter but other than that I am unsure exactly what I need to do about UC and do I go down the self employed route or too sick to work? Do I need sick notes or do I even have to claim UC, or can I stay on WTC and just have a change of circumstances?

Any advice would be appreciated.

calcotti

Because your existing Tax Credits were presumably claimed as a couple the existing award cannot continue. You would have to make a new claim as a single person but you are not permitted to do this now that you are in a UC area. You will therefore need to claim UC in order to continue to receive benefit.

Information on how to claim and what to expect is available here https://www.citizensadvice.org.uk/benefits/universal-credit/

When you claim UC your HB claim will end and help with rent will be paid through UC. There will be a two week run on for the HB.

Under UC the hours of work or work search you are expected to do has to be agreed with your work coach. The default is 35 hours/week (or to be earning the equivalent of 35 hours at NMW) but the work coach is supposed to adjust the requirement to your circumstances.

I infer that you will be living with your daughter and that there will only be the two of you living together. You maximum UC entitlement will be the basic allowance plus a child element plus the housing costs.

UC doesn't have an equivalent to the disabled worker element of WTC. If you have a health issue which limits your ability to work you can be referred for a Work capability Assessment. This process matches the ESA process. If you are found to have Limited Capability for Work and Work Related activity you get the LCWRA element in UC.

I would recommend claiming UC on the basis of sickness. You will need a Fit Note from your GP to do so. You can review things after your op.

As a self employed claimant you would have to provide details every month of your business income and expenditure. The difference is treated as your earnings and used to calculate the amount of UC you will actually be paid. Under UC the DWP can that you as earning a minimum amount regardless of whether you actually earning that much or not.

pmlindyloo

I am sorry that no one has replied but, perhaps, like me, they feel that this is a little complicated.....

But I will have a try!

Since your partner has moved out and you have a joint tax credits claim then I believe that you will have to claim Universal Credit as a single claim.

This seems to be backed up by this link

https://www.welfare-benefits-unit.org.uk/wp-content/uploads/2016/03/What-triggers-a-claim-for-Universal-Credit-in-a-full-service-area.pdf

However, triggers for natural migration to UC are notoriously difficult so please wait for others to confirm.

So, if you have to migrate to Universal Credit then this next part is difficult because currently you are too sick to work.

I believe that you should ask for a work capability assessment through UC. You will need fit notes from your doctor.

The assessment is the same as for ESA so have a look at the support group descriptors and see if you meet any of them.

If you don't (and looking at your PIP award from previous threads - standard daily living and standard mobility you may not meet the mobility support group descriptor - but I may be wrong!) then you may be awarded the limited capability for work. But since your application is after April 2017 then there is no extra money awarded for this in Universal Credit.

However, if awarded and given your PIP award that should help with what you would be expected to do as regards hours working - i.e your claimant commitment.

It is complicated so in the event of no one else replying then I should approach CAB or a welfare advisor for some support.

Alice_Holt

A bit more info on UC and the UC groups:

Limited Capability for Work Element
You will get one of these if you satisfy the Work Capability Assessment (WCA). See our Universal Credit - Work Capability Assessment information.

You can get either the:

limited capability for work element (LCW) £126.11 per month (From 3 April 2017 the limited capability for work element will not be available to claimants who claim UC on or after this date); or

limited capability for work related activity element (LCWRA) £328.32 per month


If you earn more than the equivalent of 16 hours a week, paid at the National Minimum Wage rate, you will not be able to get either of the capability for work elements unless you are also getting Disability Living Allowance or Personal Independence Payment.

You may have to wait three months for your LCWRA element to be added on. Though there are some instances where it can be added on straight away such as if you are terminally ill or you were entitled to one of the Employment and Support Allowance components immediately prior to your Universal Credit claim.


The para in bold may be of interest - with an award of PIP it is possible to work and get the LCWRA element.

LCWRA descriptors:
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
https://wcainfo.net/issues/substantial-risk-lcwra
http://www.cpag.org.uk/content/making-exception

Simon7685

Thanks to all for the help, I think I am starting to get some idea of where to go, it is a complete minefield I know.

One thing that concerns me is if I go down the too sick to work route and fail the capability test, will DWP use that information to take my PIP away from me? Or are the two entirely seperate issues? As my PIP was awarded for the maximum 10 year award I do not want to jeopardise it. It was stressful enough first time round without them wanting to review it and having to go through it all again.

I can see it is going to be far from easy to get all this sorted out. Having used the benefit calculators I look like being around 300 a month worse off.

Simon7685

So if I have understood the rates I will receive:
317.82 - Single and over 25
277.08 - Child born before April 2017

594.90 Total per month
Does this amount include my rent and council tax or is that paid on top?

and on top of this money I still receive;
82.80 CHB every 4 weeks
319.80 PIP every 4 weeks

Giving me a monthly income of 997.50

This will leave me 384.80 a month less than under the old system, getting WTC and carers allowance.

pmlindyloo

Simon7685 wrote: »

So if I have understood the rates I will receive:
317.82 - Single and over 25
277.08 - Child born before April 2017

594.90 Total per month
Does this amount include my rent and council tax or is that paid on top?

and on top of this money I still receive;
82.80 CHB every 4 weeks
319.80 PIP every 4 weeks

Giving me a monthly income of 997.50

This will leave me 384.80 a month less than under the old system, getting WTC and carers allowance.

Are you using a benefits calculator like https://www.entitledto.co.uk?

Your rent will be paid through housing costs so that should be an extra amount that you get.

Council tax reduction is outside of UC so you need to apply for this separately from your local council.

Are you still receiving Carer's Allowance? Who is this for?

And no, if you are found fit for work then this should not affect your PIP. People can work and claim PIP (as you know).

Simon7685

My wife was receiving carers allowance for me but that is now stopping, as my daughter is at college I do not believe she is eligible to claim it.

I do know that people can work and receive PIP as I have been doing that for the last 6 years. However I didn't need to face any work capability test to get the WTC and disability element.

I worry that if I apply for limited capability for work and they refuse me it, then it would impact on my PIP.

calcotti

Simon7685 wrote: »

So if I have understood the rates I will receive:
317.82 - Single and over 25
277.08 - Child born before April 2017

594.90 Total per month
Does this amount include my rent and council tax or is that paid on top?

and on top of this money I still receive;
82.80 CHB every 4 weeks
319.80 PIP every 4 weeks

Giving me a monthly income of 997.50

This will leave me 384.80 a month less than under the old system, getting WTC and carers allowance.

If you are found to have Limited Capability for Work and Work Related Activity you will also get the LCWRA element from the fourth month which is an additional £328.32/month.


You really shouldn't be taking the Carer's Allowance into account when making the comparison as that was your wife's income rather than yours (although I realise you will have been sharing costs etc.).

Crazydennie

In this case, does he lose the disability element of WTC or is that accounted for somewhere in UC?

calcotti

Crazydennie wrote: »

In this case, does he lose the disability element of WTC or is that accounted for somewhere in UC?

There is no equivalent to WTC disabled worker in UC.