Benefits available for broken spine and multiple injuries

nickb101010

Hi,

First post on here so move delete if not allowed.

So I am currently claiming universal credit as I lost my job due to depression it has been ongoing for me for years but I want to stress I have worked and paid tax all my life leading up to this (Sky TV don’t take kindly to any kind of absence). My partner has PTSD, depression and a lot of other issues but still again has worked all of his life. We are both fairly young and really just trying g to find our feet.

We have a privately rented 1st floor flat which at the moment is in a state of disrepair as the landlord lied and told us things would be fixed before we moved in but they never were. We currently have no bin so cannot get rid of any rubbish, floorboards missing under the carpets, carpets are too small and gripper rods exposed, a broken window, single glazed windows that can not be fully closed so the house is freezing (we were told it would be double glazed), no gas safety certificate and the water supply is constantly on and off. We have now eventually let our depression get the best of us and concurrently I have lost my job.

Another major issue has arose and my partner had had a bad fall (about 25ft) and has broken a few vertebrae in his spine, his hip, wrist and pubis bone. Very lucky in a way as most would have died or been permanently paralysed from that height. At the moment we are still in the hospital (I am staying with him as he is very uncomfortable staying in unfamiliar locations due to PTSD which has stemmed from childhood sexual abuse). He will be unable to work for several months and also will need me to care for him during this time as it will be several months > maybe over a year until he is fully mobile again.

My real question is are there any benefits available to us during this time and also with the housing situation will this be something that would allow us to get more suitable social housing as with the stairs up to the property (about 15), step up into bathroom and shower over bath amongst the other issues it will really be impossible to go back to the flat (I have already served the landlord notice that the rent will be withheld until the repairs are done as we have been constantly asking but being ignored.)

If anyone can give advice it would be greatly appreciated as we are so anxious as to what will happen when discharged.

I don’t want to sound bad and money grabbing here so just to confirm we have had one universal credit payment that was greatly reduced due to a small final income from my previous employer (around £300 holiday pay) paid on the 27th of March (this money had to last til’ the 18th of April when our first universal credit payment was made but then they deducted it from the money to last from 18th April - 17 May.

So summary are there any benefits available for someone who is not permanently disabled but will be unable to use their legs for an elongated period of time - we are looking at up to or over a year until things will be getting as close to normal as they will be from now.

Thanks in advance for any replies.

Rubyroobs

Firstly - are you handing in sick notes for yourself to UC, and your partner also needs to start doing this. If you both have long term health conditions that are preventing you from working then you should both be assessed for work capability. Depending on the outcome of this you may get extra money on your UC. Your partner could look at claiming PIP also - once he has had his injury / disability for 3 months and as long as it is expected to last for another nine months then he can claim. If this is awarded then you could claim carers allowance and carers element of UC. Make sure you save all hospital letters/ physio reports etc to send as much evidence of the problems he is having with daily living and mobility. You will need to send these with the PIP form. Sorry you are going through this, it must be very difficult. Your next UC payment should be higher if you have no wages going in during your assessment period. Sorry I have no advice about the housing but before your husband is discharged the hospital will assess that he is going to suitable accommodation. His consultant or physio may be able to help by writing a letter of support or it may increase your chances of getting council accommodation maybe.

calcotti

Agree with rubyroobs re seeking Work Capability Assessment on UC (tho#may be applicable to you if you think your health limits your ability to work) and possibly PIP if injury is likely to have long term impact.

Are you claiming Council Tax Reduction if you are liable for Council Tax.

In respect of housing issues you may wish to seek advice from local Citizens Advice or Shelter if you access to one.

nickb101010

Thank you both for your advice, we are not currently claiming council tax reductions or anything of the likes. The bad luck has kind of all come at once so we haven’t had chance to look into what we are entitled to. Your advice has been invaluable and will really help us get the ball rolling!

I haven’t handed in my most recent sick note due to the GP appointment and fall happening the same day. I have called and updated the people at universal credit as to why, do you happen to know if that will be enough or will they use that as a reason to not pay? They did say they would update everything and make sure there were no problems but then again all staff seem to have a different understanding of the rules at the office I am registered to.

Thanks again!

Nick

calcotti

Your UC will be paid based on your existing claim and taking into account earnings received during the assessment period.you need to get Fit Note to DWP and explain impact of fall is long term in order to get the Work Capability Assessment started. Only if found to have LCWRA will there be extra money in the award and then only in the fourth payment after you provided the Fit Note.

WhenIam64

We have a privately rented 1st floor flat which at the moment is in a state of disrepair as the landlord lied and told us things would be fixed before we moved in but they never were. We currently have no bin so cannot get rid of any rubbish, floorboards missing under the carpets, carpets are too small and gripper rods exposed, a broken window, single glazed windows that can not be fully closed so the house is freezing (we were told it would be double glazed), no gas safety certificate and the water supply is constantly on and off.

What sort of tenancy do you have. Assume it is periodic if you have an AST that is more than 6 months old.

You will need to complain to the landlord that you intend to call in the Environmental Health department about the state of the property for their evaluation. You description ticks a number of boxes for them.

https://england.shelter.org.uk/housing_advice/repairs/complain_to_environmental_health_about_rented_housing

Bear in mind that often, when EH are called in, a landlord can respond with a s21 notice which would mean you'd have 2 months to find another property. It doesn't always happen but it might.

CIS

Where there is no gas safety certificate the landlord most likely cannot serve a21 notice to try and evict the tenant.
https://www.landlordaction.co.uk/news/gas-safety-certificates-section-21-be-compliant-or-you-may-pay-the-price/


The landlord should also have issued an EPC and a rental guidance booklet.

nickb101010

Thanks for all the info, we are on the assured shorthold tenancy. We have got to the end our minimum 6 months and we were planning to move out anyways due to the conditions. I feel the issue is that the landlord knows he will not get anyone else in the flat so will not serve us notice to leave, just be as awkward and try to obtain the payment without doing the repairs. He has actually followed me as I’ve left the flat before (I explained fairly quickly that if he continued it would be detrimental to his health) also he has allowed himself into the flat without permission or notice several times.


The thing is we don’t want to live there with all that going on especially now with my partners disability now but he won’t serve any notice which is unfortunate.

There is also no EPC rating on the property so I suppose that’s yet another failure on his behalf.

Thank you for all of your advice it has been incredibly helpful. We will be in touch with environmental health and speak with the consultant about a letter to clarify his condition today.

Thanks again,

Nick.

WhenIam64

The thing is we don’t want to live there with all that going on especially now with my partners disability now but he won’t serve any notice which is unfortunate.

Moving from a AST to a periodic tenancy after 6 months allows both parties to terminate without reason. So you can search, find an alternative and move in a relatively short period of time.

http://england.shelter.org.uk/legal/security_of_tenure/assured_shorthold_tenancies/ending_an_assured_shorthold_tenancy/how_to_end_an_assured_shorthold_tenancy

tboo

nickb101010 wrote: »

Hi,

First post on here so move delete if not allowed.

So I am currently claiming universal credit as I lost my job due to depression it has been ongoing for me for years but I want to stress I have worked and paid tax all my life leading up to this (Sky TV don’t take kindly to any kind of absence). My partner has PTSD, depression and a lot of other issues but still again has worked all of his life. We are both fairly young and really just trying g to find our feet.

We have a privately rented 1st floor flat which at the moment is in a state of disrepair as the landlord lied and told us things would be fixed before we moved in but they never were. We currently have no bin so cannot get rid of any rubbish, floorboards missing under the carpets, carpets are too small and gripper rods exposed, a broken window, single glazed windows that can not be fully closed so the house is freezing (we were told it would be double glazed), no gas safety certificate and the water supply is constantly on and off. We have now eventually let our depression get the best of us and concurrently I have lost my job.

Another major issue has arose and my partner had had a bad fall (about 25ft) and has broken a few vertebrae in his spine, his hip, wrist and pubis bone. Very lucky in a way as most would have died or been permanently paralysed from that height. At the moment we are still in the hospital (I am staying with him as he is very uncomfortable staying in unfamiliar locations due to PTSD which has stemmed from childhood sexual abuse). He will be unable to work for several months and also will need me to care for him during this time as it will be several months > maybe over a year until he is fully mobile again.

My real question is are there any benefits available to us during this time and also with the housing situation will this be something that would allow us to get more suitable social housing as with the stairs up to the property (about 15), step up into bathroom and shower over bath amongst the other issues it will really be impossible to go back to the flat (I have already served the landlord notice that the rent will be withheld until the repairs are done as we have been constantly asking but being ignored.)

If anyone can give advice it would be greatly appreciated as we are so anxious as to what will happen when discharged.

I don’t want to sound bad and money grabbing here so just to confirm we have had one universal credit payment that was greatly reduced due to a small final income from my previous employer (around £300 holiday pay) paid on the 27th of March (this money had to last til’ the 18th of April when our first universal credit payment was made but then they deducted it from the money to last from 18th April - 17 May.

So summary are there any benefits available for someone who is not permanently disabled but will be unable to use their legs for an elongated period of time - we are looking at up to or over a year until things will be getting as close to normal as they will be from now.

Thanks in advance for any replies.

With holding rent isn't a good idea - if you are giving notice and try for a council property then this may be deemed intentionally homeless
https://england.shelter.org.uk/housing_advice/homelessness/rules/intentionally_homeless

https://www.citizensadvice.org.uk/housing/repairs-in-rented-housing/repairs-what-are-your-options-if-you-are-a-social-housing-tenant/withholding-rent-because-repairs-havent-been-done/

and

https://england.shelter.org.uk/legal/housing_conditions/taking_action_on_disrepair/withholding_rent

nickb101010 wrote: »

Thanks for all the info, we are on the assured shorthold tenancy. We have got to the end our minimum 6 months and we were planning to move out anyways due to the conditions. I feel the issue is that the landlord knows he will not get anyone else in the flat so will not serve us notice to leave, just be as awkward and try to obtain the payment without doing the repairs. He has actually followed me as I’ve left the flat before (I explained fairly quickly that if he continued it would be detrimental to his health) also he has allowed himself into the flat without permission or notice several times.


The thing is we don’t want to live there with all that going on especially now with my partners disability now but he won’t serve any notice which is unfortunate.

There is also no EPC rating on the property so I suppose that’s yet another failure on his behalf.

Thank you for all of your advice it has been incredibly helpful. We will be in touch with environmental health and speak with the consultant about a letter to clarify his condition today.

Thanks again,

Nick.

Threatening the landlord isn't clever