Benefits Specialists??

Life_Goes_On

Thanks for all the replies guys

I started this thread just to ask if there was anyone I could call for advice but it seems to have turned in another direction so I think I should give more details (so strap yourself in...lol).

I've been on ESA with support since esa started (I think I was transferred over from income support).

I claimed as a couple and my partner is my "unofficial" carer. I've been told that I should apply for pip and my partner carers allowance for a while now, but we just didn't want to rock the boat.

In 2015 I had a medical assessment and failed as the assessor lied on the report.

This was overturned by the tribunal as the lies were so obvious (I even received a letter of apology).

Now moving a bit closer to December 2018 I had another assessment and again failed because of lies on the report.

I appealed this to the tribunal and failed as they seemed to focus on the 2015 assessment I appealed and won and also said there was no reason for me to not attend the hearing (even though that's part of my condition).

Now while waiting for the appeal to be heard at the upper tribunal, I made an application for PIP and had an assessment.

I have not had a decision yet but I requested a copy of the report and although the report has a lot of things on it that would have been impossible to have happened, the assessor has scored me enough points to be awarded the standard rate of daily living and mobility.

Again i don't want to rock the boat and appeal this as I really couldn't take another appeal and I don't want to risk losing everything.



Now looking online it seems my partner will be able to be my "official" carer but unlike ESA when i claimed for both of us it seems everything will need to be claimed individually.

Also it seems that pip and carers allowance doesn't come with housing benefit or council tax support so I don't know what we need to do

Oh and as for living while all this has been going on. We have dug ourselves deeper in debt

Thanks again for all the replies

calcotti

Life_Goes_On wrote: »

Also it seems that pip and carers allowance doesn't come with housing benefit or council tax support so I don't know what we need to do

Oh and as for living while all this has been going on. We have dug ourselves deeper in debt :

As previously advised PIP and CA are standalone benefits.

If you need to claim help with rent you will both have to claim Universal Credit as new claims for Housing Benefit are not possible. Your partner can be treated as a carer for UC (with additional money that goes with that) without claiming Carer's Allowance.

The maximum help with rent you can get is limited to the Local Housing Allowance rate for your postcode. If you are a couple with no children you will be allowed the rate for one bedroom. https://lha-direct.voa.gov.uk

Claiming UC will end any income based ESA. If there is any contribution based ESA this will continue but it will be deducted from the UC. Your UC entitlement will be made up of the couple allowance, the carer element and the housing element. You should submit Fit Notes with your claim. If you are found to have Limited Capability for Work and Work Related Activity (equivalent to ESA Support Group) you will also get the LCWRA element from the fourth month.

Council Tax Reduction is claimed direct from your local authority.

Life_Goes_On

calcotti wrote: »

As previously advised PIP and CA are standalone benefits.

If you need to claim help with rent you will both have to claim Universal Credit as new claims for Housing Benefit are not possible. Your partner can be treated as a carer for UC (with additional money that goes with that) without claiming Carer's Allowance.

.

Thanks for the reply (very informative).

I'm actuality getting housing benefit now as I did a nil income claim (while I was seeing how the appeal went).

My biggest fear with claiming UC is that both myself and my partner would need to do Work Capability Assessments.

It would be impossible for me to work and I couldn't get through a day without my partners help

poppy12345

Life_Goes_On wrote: »

Thanks for the reply (very informative).

I'm actuality getting housing benefit now as I did a nil income claim (while I was seeing how the appeal went).

My biggest fear with claiming UC is that both myself and my partner would need to do Work Capability Assessments.

It would be impossible for me to work and I couldn't get through a day without my partners help

If you claimed UC your housing benefit would continue for 2 weeks and then transfer across to UC.


Once your PIP award is in place your partner claiming the carers element would mean that they wouldn't have to do any work commitments but you would need to send in fit notes for yourself.



A PIP award doesn't automatically qualify you for LCW and it will be your work coaches discretion whether they turn off your work commitments. You would need to continue to send in those fit notes until a decision's been made on the LCW and process for this is the same as ESA work capability assessment.

Life_Goes_On

Life_Goes_On wrote: »

Thanks for the reply (very informative).

I'm actuality getting housing benefit now as I did a nil income claim (while I was seeing how the appeal went).

My biggest fear with claiming UC is that both myself and my partner would need to do Work Capability Assessments.

It would be impossible for me to work and I couldn't get through a day without my partners help

poppy12345 wrote: »

If you claimed UC your housing benefit would continue for 2 weeks and then transfer across to UC.


Once your PIP award is in place your partner claiming the carers element would mean that they wouldn't have to do any work commitments but you would need to send in fit notes for yourself.



A PIP award doesn't automatically qualify you for LCW and it will be your work coaches discretion whether they turn off your work commitments. You would need to continue to send in those fit notes until a decision's been made on the LCW and process for this is the same as ESA work capability assessment.

Thank you

At least that puts my mind at ease with my partner but I really don't know how I could face another assessment.

The thought of having an appointment with a UC work coach is bad enough.

This is where the system has no logic. They would have the carer sit at home waiting for the disabled person to get home from a full days work so that they can care for them ::mad:

poppy12345

You may have no option but to apply for UC because your UTT could take quite sometime.

calcotti

Life_Goes_On wrote: »

I'm actuality getting housing benefit now as I did a nil income claim (while I was seeing how the appeal went).

If you are moving to a different local authority you will not be able to make a new Housing Benefit claim and will have to claim UC to get help with rent.


If you are staying in the same local authority you can continue with HB instead of claiming UC if your other finances can be made to work without claiming UC.

Life_Goes_On

Life_Goes_On wrote: »

Thank you

At least that puts my mind at ease with my partner but I really don't know how I could face another assessment.

The thought of having an appointment with a UC work coach is bad enough.

This is where the system has no logic. They would have the carer sit at home waiting for the disabled person to get home from a full days work so that they can care for them ::mad:

poppy12345 wrote: »

You may have no option but to apply for UC because your UTT could take quite sometime.

I actually called them today to find out what's going on and was told that it was scheduled to be looked at by a judge two weeks ago but for some reason it still hasn't been looked at.

She said she is going to prioritise it and send a reminder to the judge.

Life_Goes_On

calcotti wrote: »

If you are staying in the same local authority you can continue with HB instead of claiming UC if your other finances can be made to work without claiming UC.

This is very interesting.

So IF they give us enough money on pip and carers allowance to live on then we would be able to just leave everything as it is?

calcotti

Life_Goes_On wrote: »

This is very interesting.

So IF they give us enough money on pip and carers allowance to live on then we would be able to just leave everything as it is?

No one is required to claim UC - it is your decision (except for those in Harrogate who are being transferred across as part of the initial managed migration pilot scheme). What you are not able to do is make new claims for benefits that have been replaced by UC. Therefore if new claims are not required existing benefits can continue, hence a new HB claim cannot be made but an existing one can continue.

PIP and CA are outside UC.