How will they backdate my UC if I start work?

eskimo26

Hello i'm disabled and can't work more than part-time. I've had a year out of my course and i'm now going back to it.

Currently receiving

universal credit-
Housing
Limited capability for work and work related activity (LCWRA)

Currently in mandatory reconsideration then appeal if needed for Personal Independence payment (PIP).

I've received advice from the Disabled Student helpline that I need PIP to keep my universal credit but as i'm currently appealing my PIP they will be cutting my universal credit. However, i've been told if the decision for PIP comes out in my favour they will backdate all the Universal Credit I would have got within that period and reactivate my UC claim.

My confusion is that i'm currently in the Limited capability for work and work related activity (LCWRA) which forbids me to work but when my PIP stops I will need to start working.

So when it comes to backdating my UC if my PIP appeal is a success will they pay the LC component or argue that I started working and therefore I am ineligible for it (maybe they will say it qualifies as a change of circumstances?).

If I don't qualify for LCWRA will they put me on limited capability for work (LCW)? If this is the case will I be able to use the UC Work Allowance as a disabled worker and will this be backdated?

I'm also concerned about my student status. I had a year out because I failed my appeal and was officially thrown off the course. They then ran an investigation and reinstated my appeal which I eventually passed. However I was removed from the course and the system and have not been registered as a student during this whole period so until i'm re-registered and officially a student again I can continue to claim UC?

Clarification and help appreciated. Thank you.

Any advice on the situation will also be amazing. Thank you.

calcotti

eskimo26 wrote: »

My confusion is that i'm currently in the Limited capability for work and work related activity (LCWRA) which forbids me to work but when my PIP stops I will need to start working.

DWP have accepted there are limits on what you can do but you are not forbidden from working and (unlike ESA) there are no limits on how much work you can do or how much you can earn. However if the work you do contradicts the reasons you have been accepted as having LCWRA this may lead to a reassessment.

Because you have LCWRA you will benefit from the relevant Work Allowance.

w06

As Calcotti says there's no barrier to working if you're in the LCWRA group, it just means that you meet certain criteria.

I don't get your 3rd to last paragraph, PIP and student status are not related to one another, do you mean UC there?

eskimo26

calcotti wrote: »

DWP have accepted there are limits on what you can do but you are not forbidden from working and (unlike ESA) there are no limits on how much work you can do or how much you can earn. However if the work you do contradicts the reasons you have been accepted as having LCWRA this may lead to a reassessment.

Because you have LCWRA you will benefit from the relevant Work Allowance.

Wow they did not make that clear at all. My research indicated that I needed an active PIP claim before I would be allowed to work on LCWRA.

As Calcotti says there's no barrier to working if you're in the LCWRA group, it just means that you meet certain criteria.

I don't get your 3rd to last paragraph, PIP and student status are not related to one another, do you mean UC there?

Yes i've edited that. Thanks for catching my mistake.

poppy12345

eskimo26 wrote: »

Wow they did not make that clear at all. My research indicated that I needed an active PIP claim before I would be allowed to work on LCWRA.

To claim UC as a student then that's correct, you need to be claiming PIP. Working is different.

eskimo26

To claim UC as a student then that's correct, you need to be claiming PIP. Working is different.

I looked on one of the disability benefit websites when they originally switched me to the LCWRA rate and maybe I misunderstood what I read. This was before the student status became a factor.

huckster

Alll you have to do is contact UC by phone to register that you will be starting University. UC will need to book a Job Centre appointment, where you would take all documents related to your Uni course and any finance you have entitlement for.

If the Job Centre is doing their job correctly, without the PIP claim, they should look to close your claim from the date you start your Uni course. This may not happen, as some Job Centres are not totally aware of UC student entitlement guidance. Don't be surprised, if you are told your UC claim can continue, but there would be a deduction related to the student finance amount that covers your living costs. Up to you what you do, if this happens. You could just accept their decision.

If the UC claim is closed and you are successful with PIP appeal, the UC claim can be re-opened from date it was closed. Simply phone UC after PIP appeal success and book a Job Cente appointment. You would need to supply all information needed for the relevant months, such as any earnings. The claim re-opening process is done by UC IT department and the Case Managers would need to manually calculate each monthly award.

eskimo26

Thank you all for your help so far.

I've just spoken to my universities Student Services.

The Lady suggested that they may retroactively re-instate my student status for the period that I was away. Obviously this could mean paying back thousands of pounds in benefits.

I think she realised from the look of horror on my face how shocked I was and changed her tune to tell me it was more likely from the conversation she had just had with her senior that they would mark it as "a leave of absence" (why not start with the more likely outcome?!).

I pointed out that this might still affect my benefits claim but she said that it was a way the university used to get around these difficulties and that in the past students on a leave of absence had to pay their council tax as they did not technically have student status.

So can someone just quickly put my mind to rest with a definite answer? I'm pretty sure the term she used was "leave of absence." I've looked online and can't find anything relating to university.

calcotti

eskimo26 wrote: »

So can someone just quickly put my mind to rest with a definite answer? I'm pretty sure the term she used was "leave of absence." I've looked online and can't find anything relating to university.

Students and benefits is very complicated. I don't think anyone on this forum can give you a definite answer. Perhaps this helpline can offer advice https://www.disabilityrightsuk.org/how-we-can-help/helplines/disabled-students-helpline.