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Help with claiming for 'mentally challenged"

I am writing on behalf of my granddaughter and her partner.

The Basics: She has learning difficulties and has never had a job - tried but being unable to write or read and the inability to follow instructions are her main problems. She has been assessed many times for Attendance Allowance and now PIP which she qualifies for with no problem.

She has a partner with similar traits, but luckily they are compatible each has an understanding of the others' needs.

They have 2 beautiful children with behaviour and manners I wish were more adhered to in these times.

The problem: They have just moved house into an area that has Universal Credit - something they have not had to deal with previously.

Most of their income is stopped, but no-one is available to accompany them to the various appointments and meetings to claim this benefit. This has left them in tears on many occasions, and a heretofore unknown heart problem has surfaced with her partner due to all the stress, so of course also having to deal with emergency hospital appointments etc. is adding to the stress.

I know it is pointless me going into great detail here, but we cannot get help through CAB other than to help fill in forms, I feel they are being bullied by the officers dealing with their application, for instance yesterday, at a meeting they told the officer about the new heart problem worries, and my granddaughter was given form and told to report weekly to sign on for work!! - her partner is her carer 24/7, at first they wanted him to sign on and apply for work, but changed tack after he had a faint attack there and then - no help just ignored him. She cannot and never has used public transport on her own, I am much too far away to help. They have also been told their rent(social housing) will not be covered in full, he will loose carers allowance under the scheme and various other 'bad news' as if living without an income for at least 6 weeks is being suffered as well. Council tax will not entertain their application for 'relief' until they have a UC allowance number, so they are getting deeper and deeper into debt and ill health. He has been told he will have to get weekly sick notes from the new doctor to get any benefits at all!

Can anyone tell me is there an organisation such as they have previously had that can give them a real person to help and accompany them to get this all sorted out. Isle of Wight area.

Comments

  • Snowedunder
    Snowedunder Posts: 200 Forumite
    Thank you so much for your quick reply.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 July 2019 at 10:01PM
    Can you please clarify

    Your post says "She has been assessed many times for Attendance Allowance and now PIP which she qualifies for with no problem." (I assume you meant Disability Living allowance rather than Attendance Allowance but that doesn't matter). You also mentions that he gets Carers Allowance so I infer you daughter gets the daily Living part of PIP.

    [STRIKE]If your daughter gets Daily Living PIP she is not a required to look for work[/STRIKE]. If partner is her carer he is [STRIKE]also[/STRIKE] not required to look for work. In these circumstances it would be unlawful for the DWP to require [STRIKE]either of them[/STRIKE] him to look for work.

    You mention that he will lose his Carers Allowance. This is not correct. PIP and Carers Allowance are separate from UC and will continue. Because he is a carer the UC maximum amount will include a carer element however the Carers Allowance will be taken into account as income so some of it is effectively clawed back - but this is no different to what happened with ESA.

    The UC award should include
    • Basic couple Allowance
    • Child element for 2 children
    • Carer element
    • Help with rent
    Also if they were claiming ESA immediately prior to claiming UC and the ESA included the Support Group component then the UC award should also include the LCWRA element.

    In terms of the help with rent not covering the rent I assume this is because they will have a spare bedroom. The rules for calculating the help in this regard exactly the same as for housing benefit so even if they were able to claim housing benefit the amount of help would be similar.

    It seems quite wrong for council to refuse to accept an application for Council Tax Reduction until the UC is sorted. In my opinion they should accept the claim even if they delay determining it.

    EDIT: incorrect information struck through. Thanks to poppy for correcting me.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The Basics: She has learning difficulties and has never had a job - tried but being unable to write or read and the inability to follow instructions are her main problems. She has been assessed many times for Attendance Allowance and now PIP which she qualifies for with no problem.


    Might be worth looking at the council tax SMI disregard.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • poppy12345
    poppy12345 Posts: 18,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    calcotti wrote: »



    If your daughter gets Daily Living PIP she is not required to look for work. If partner is her carer he is also not required to look for work. In these circumstances it would be unlawful for the DWP to require either of them to look for work.

    .
    Are you sure about this? I thought a PIP/DLA claim doesn’t automatically entitle you to LCW. It’s the discretion of the work coach whether they turn of work related activities? Unless the rules have recently changed?
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 July 2019 at 10:17PM
    poppy12345 wrote: »
    Are you sure about this? I thought a PIP/DLA claim doesn’t automatically entitle you to LCW. It’s the discretion of the work coach whether they turn of work related activities? Unless the rules have recently changed?

    You, are of course, right. Heat must have gotten to me when I wrote that.

    It is definitely unlawful for the carer to be expected to look for work. Daughter’s requirements do, as you say, depend on LCW status.

    OP, apologies for incorrect input.

    What was her status on ESA (if she was claiming it)?
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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