Income support stopped

dawnyp72

Still can’t work out how to quote ( I’m using my phone??) Yes poppy1234 I think it is carers premium

calcotti

poppy12345 wrote: »

You really do learn something new every day.

If the rules were consistent it would be a lot easier!

dawnyp72

calcotti thanks for your reply.
I have done a benefit calculation online and there is no difference ( I think that is because he receives enhanced rate care) My worry is that is takes 5+ weeks for UC to be paid, if we include Christmas that will probably add another couple of weeks but my housing benefit and tax credits will stop as soon as I apply and I won’t be able to pay my rent or bills. I also don’t know if it would be backdated to when my income support ended as I was never told I should claim UC

Alice_Holt

dawnyp72 wrote: »

Thanks for your reply.
Income support doesn’t stop at the same time as dla and carers, it continues for 8 weeks with a disability premium so it was due to end 18/10/19 My son was then awarded pip after MR on 1/10/19. Both pip and carers were backdated to when the dla stopped so there was no break in entitlement. I was told by dwp and welfare rights that if he was awarded pip before the IS stopped then I could stay on IS and not have to claim UC

I would suggest getting help from Welfare Rights with the MR, against that decision to end your IS claim.

On the MR I would include a line to the effect that if the correct decision isn't made within (say) 21 days then you intend to seek a judicial review (JR) of the decision.
The JR is intended to get your issue in front of the DWP legal team, who have to respond to a pre-action JR letter within 14 days.
(Whereas a MR can drag on for many, many weeks and even then not necessarily get the correct decision)
CPAG have a range of pre action JR template letters:
https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters

These are likely to be the one you adapt for your circumstances if the MR decision is not made promptly (JR6 is the closest I think):
https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters/mandatory-reconsideration
Hopefully Welfare Rights may be able to help you amend the template to your particular circumstances, quote the regulations enabling the 8 week run on, and generally re-confirm that the DWP decision is incorrect.


It may also help in this process to have a transcript of the telephone calls with DWP. You can do this through a Subject Access Request: https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions.

Although we are in an election period, I would also write to your current MP (with a copy to the Sec of State for DWP), and then chase it up with your post election MP.


All this is tactics to get a correct decision from the DWP as quickly as possible. Sadly, the DWP decision making processes are particularly poor. It's an attempt to get your issue seen by competent DWP people (i.e. the legal team) asap.
It really shouldn't be necessary if the DWP at large were competent, capable, and responsive.

Do let us know how you get on.

calcotti

dawnyp72 wrote: »

calcotti thanks for your reply.
I have done a benefit calculation online and there is no difference ( I think that is because he receives enhanced rate care) My worry is that is takes 5+ weeks for UC to be paid, if we include Christmas that will probably add another couple of weeks but my housing benefit and tax credits will stop as soon as I apply and I won’t be able to pay my rent or bills. I also don’t know if it would be backdated to when my income support ended as I was never told I should claim UC

Not making a recommendation either way. I think you are right that because your son gets enhanced rate daily living the amounts are similar (UC would be less if he was only on standard rate).

If you claimed UC you are correct that Tax Credits would stop immediately. Housing Benefit would continue for 2 weeks. Although first UC payment would be after 5 weeks you can request an advance (but this reduces the next 12 UC payments in order to pay back the advance).

Were you ever to start doing any work I think you would find UC would pay more - but again you would need to do calculations in order to confirm this.

In the short term I can understand that it is simpler to say on IS if you can get the decision corrected.

dawnyp72

Thank you so much for your advice. I have contacted welfare rights and am waiting for a call back (within 2 working days) If it wasn’t for the delay in payments I would probably bite the bulletin and just claim UC. I have been battling with dwp since April when I first put in my sons pip claim, it’s been non stop form filling and phone calls to all the different departments and just when I think it’s all sorted this happens. I’m not sure how much fight I’ve got left in me!
Thanks again

maryannlee

calcotti wrote: »

I believe Income Support continues for 8 weeks after the DLA and/or Carer’s Allowance ends which is why OP was told it would continue to 18th October. By that date his son had already had a PIP award and OP therefore met the caring condition. In my opinion the IS claim should not have been closed.

OP, I think you will have to go back to DWP and request a Mandatory Reconsideration of the decision to close the claim. Unfortunately this will take time.

Your Housing Benefit and Tax Credits should not be affected by the decision to stop IS so you should be able to keep these going while you try and get the IS decision changed. You will however need to tell your local authority about your situation in order to get the Housing Benefit calculated while you are not getting IS because you have lost the automatic entitlement.

As an aside, you may wish to get a benefit check done at Citizens Advice, or use an online calculator, to check how UC compares with IS, HB and CTC (all of which would end if you did claim UC).

100% agree with this post

Alice_Holt

Re The MR

I think the relevant IS Regs to quote will be:
IS Regs Sch 1B paras 3(b), 4-5 & 6.

(But please check this with Welfare Rights), as I can't link to them.

Thanks calcotti, for the correct link. (Misread B for 8) Need an eyesight check!

calcotti

Alice_Holt wrote: »

Re The MR

I think the relevant IS Regs to quote will be:
IS Regs Sch 18 paras 3(b), 4-5 & 6.

(But please check this with Welfare Rights), as I can't link to them.

http://www.legislation.gov.uk/uksi/1987/1967/pdfs/uksi_19871967_310319_en.pdf
Schedule 1B paragraph 4(b), 5 and 6 seem most relevant.

dawnyp72

Hi all. Update; I have just spoken to welfare rights, they agree that the income support should not have been closed and are going to submit a complaint and also ask for an MR in case the complaint is not successful. BUT... now I have a new problem! He seemed to think that because I am not currently in receipt of IS that my housing benefit could stop! So my question is, do I have to be on IS to qualify for HB until this is sorted out I am getting carers allowance and child tax credits.
I can’t not pay my rent so if HB stops I will have to claim UC. Looks like they’ve got me by the you know what’s.