Universal credit and Brain Tumour

annmark61

I would like some advice please. My daughter has a brain tumour for which she has had two lots of surgery. This has left her with seizures, very confused and anxious about everything. Prior to this diagnosis she was working 22 hrs on WTC/CTC (2 children, single parent) Since she has been diagnosed she has been on SSP through employer, HB/CT benefit and still receiving WTC with severe disability component /CTC. She has also been awarded PIP enhanced rate for both mobility/daily living. As SSP has now finished her HB/CT benefit has been suspended and she has make a claim for UC. My question is will she be expected to attend the job centre regularly, also will she need sick/fit notes. I am going to complete the claim with her online tomorrow as she is not able to do this on her own and need to reassure her about claiming UC as it is causing both of us sleepless nights.

ceecee1

If she was working and earning enough to pay NI before her SSP started 'new syle' ESA might be more appropriate.
This link explains both ESA and UC

https://www.gov.uk/how-to-claim-new-style-esa

calcotti

She should obtain Fit Note and supply it to DWP. She should ask for a Work Capability Assessment. The default position on UC is that claimants are expected to look for work but the work coach has discretion to limit or suspend this requirement. The outcome of the Work Capability Assessment will determine the long term position.

There is no reason why her HB and CTR should have been stopped yet. HB will stop two weeks after the UC claim is made,

Please be aware that if UC is claimed online then the claim must also be managed on line which requires frequent checking of the UC journal. Is your daughter capable of doing this?

Alice_Holt

Sorry this won't ease your sleepless nights, but could she have not claimed New Style ESA (based on her NI record) rather than UC?
This would have enabled her HB, and CTC's to continue
https://www.gov.uk/guidance/new-style-employment-and-support-allowance

Who advised her to claim UC?
Has she done a benefit check to see if she would be better / worse off under UC.
https://www.entitledto.co.uk/

Is she able not to complete the UC claim or has she got so far down the process that she is now stuck on UC?
http://www.cpag.org.uk/content/universal-credit-defective-claims-and-withdrawals

If the UC claim has not been submitted - please get accredited benefits advice before proceeding any further.
Will she be able to manage her UC claim online?

If she can claim New Style ESA then it may be possible to get an income related Severe Disability Premium (SDP) of c.£66 pw added to her claim. This is denied to UC claimants.
https://www.turn2us.org.uk/Benefit-guides/Severe-Disability-Premium/What-is-a-Severe-Disability-Premium

Her HB can be reinstated by completing a nil-income form at her local council's HB dept.i.e:
https://www.leicester.gov.uk/media/176998/nil-income-form-2018.pdf

CTr is not included under UC. So, she will need to make a claim at her local council's HB dept in any case. Has anyone established precisely why the HB has stopped?
Has she received the SSP1 form from her employer?

calcotti

ceecee1 wrote: »

If she was working and earning enough to pay NI before her SSP started 'new syle' ESA might be more appropriate.
This link explains both ESA and UC

https://www.gov.uk/how-to-claim-new-style-esa

These are not either/or benefits. Any new style ESA will be deducted from UC.

huckster

On the Universal Credit website it says

"Severe disability premium

You cannot claim Universal Credit if you either:
get the severe disability premium, or are entitled to it
got or were entitled to the severe disability premium in the last month, and you’re still eligible for it
If you have a change of circumstances that affects the severe disability premium or your other benefits, report it and you’ll be told what to do next."


So I wonder whether she can claim ESA ( contributions and income based) and continue with Housing Benefits.


UC does not include any severe disability extra, hence why Government does not want people who may qualify claiming UC.

calcotti

OP, I infer that you have not yet made the UC claim and that she is already getting HB. If your daughter is the only adult in her house and nobody claims Carer’s Allowance for looking after her she is entitled to the Severe Disability Premium in her Housing Benefit calculation. If she is the only adult you should get the HB reinstated with the SDP included, this should simply be a recalculation of her existing claim not a new claim. If the SDP is in her HB she is not allowed to claim UC and should instead claim income based ESA (this will be worth more than UC).

If she does not meet the qualifying condition for SDP then it will be UC (and could claim new style ESA also but there will be no financial gain from doing so).

Note that regardless of ESA/UC etc she should let HMRC know her position as, now that SSP has ended, she is no longer entitled to Working Tax Credits. Child Tax Credits will continue unless she claims UC in which case they will end.

Alice_Holt

calcotti wrote: »

OP, I infer that you have not yet made the UC claim and that she is already getting HB. If your daughter is the only adult in her house and nobody claims Carer’s Allowance for looking after her she is entitled to the Severe Disability Premium in her Housing Benefit calculation. If she is the only adult you should get the HB reinstated with the SDP included, this should simply be a recalculation of her existing claim not a new claim. If the SDP is in her HB she is not allowed to claim UC and should instead claim income based ESA (this will be worth more than UC)..

Excellent point . If this is the case then it should thankfully stop her UC claim.
https://www.disabilityrightsuk.org/news/2019/february/severedisabilitypremium

"The DWP has issued new guidance to local authorities - HB Circular A1/2019 in relation to those housing benefit claimants affected by the new SDP gateway condition."

Yan101

Its legacy esa so she can receive sdp severe disability premium. U.c systems cant pay it......at the minute

Alice_Holt

Yan101 wrote: »

Its legacy esa so she can receive sdp severe disability premium. U.c systems cant pay it......at the minute

This isn't very helpful to the OP as her daughter isn't claiming ESA currently, and:
a) It is now only possible to make a new claim for ESA on the basis of NI contributions (i.e. New Style ESA),
b) Income-based ESA has been entirely replaced by UC,

calcotti

Alice_Holt wrote: »

a) Whether she will be able to claim SDP as an addition to her New Style ESA will depend on her circumstances.

On this I disagree with Alice. There are no premiums in new style ESA (because it is contribution based) so it is not possible to get an SDP with new style ESA regardless of circumstances.