Universal Credit for 17 year old

calcotti

The problem appears to be that DWP have not written any guidance on how to enable a claimant to have a Work Capability Assessment in order to determine if they have Limited Capability for Work if they are not eligible unless they have a Limited Capability for Work. That is the point the preaction judicial review letter seeks to address.

scoobiemandan

calcotti said:

The problem appears to be that DWP have not written any guidance on how to enable a claimant to have a Work Capability Assessment in order to determine if they have Limited Capability for Work if they are not eligible unless they have a Limited Capability for Work. That is the point the preaction judicial review letter seeks to address.

But I believe they do because her boyfriend, who is 17 and is diagnosed high functioning autism amongst a whole plethora of other conditions and lives with his mother is receiving UC!!

calcotti

scoobiemandan said:

But I believe they do because her boyfriend, who is 17 and is diagnosed high functioning autism amongst a whole plethora of other conditions and lives with his mother is receiving UC!!

Do you know how his claim was made? I think the problem is that because there is no clear guidance it is hit and miss what happens when a claim is made in these circumstances.

Alice_Holt

I suggest you copy the MR to your MP and ask for their intervention with the DWP. Explain the toll that these DWP errors are having on your family life, in an already difficult set of circumstances. 
I'm afraid the DWP can be slow in responding to MR's and often fail, even then, to apply regulations correctly. The intervention of an MP can provide them with a welcome nudge. 

If the MR response is unreasonably delayed by UC then a pre-action judicial review letter (per calcotti's link) becomes a very useful tactic, this is best done with the help of your local advice agency.
https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters
The appropriate letter is JR10  -   UC delay in providing UC MR decision 
If UC do not reply to your MR in a sensible time scale.

You could also try a compliant about closing the claim - 
https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

scoobiemandan

calcotti said:

scoobiemandan said:

But I believe they do because her boyfriend, who is 17 and is diagnosed high functioning autism amongst a whole plethora of other conditions and lives with his mother is receiving UC!!

Do you know how his claim was made? I think the problem is that because there is no clear guidance it is hit and miss what happens when a claim is made in these circumstances.

I can’t answer that I’m afraid!

Hit and miss sounds about right!!  Disgusting that an eligibility criteria being met doesn’t appear to mean she’s eligible!  Unbelievable!!

Spoonie_Turtle

Quick question, because I'm not entirely familiar with legacy benefits, but why has your Housing Benefit been reduced? Is it a non-dependant deduction or because of the number of rooms you're entitled to?

As to the main point of your thread, incredibly frustrating and I wish you all the best with it! Is it possible for you to find out how her boyfriend's claim was made? If either he or his mother can remember the specific process, that might help you.

sazaccount

scoobiemandan said:

....
We have been financially supporting her since October even having lost Tax Credits and child benefit and also had our housing benefit reduced!
......

I really don't want to derail the thread and I think you should re-apply with a fit note for your daughter to at least get on the road for a work capacity assessment BUT your daughter is 17 she is still a minor, so even if you have lost money for her, yes you should be financially supporting her I'm not talking about giving her $$$$ to fritter away but a roof, food etc. 

calcotti

sazaccount said:... BUT your daughter is 17 she is still a minor, so even if you have lost money for her, yes you should be financially supporting her ...

There is no suggestion by OP that she will not feed and house her daughter. However if he daughter was still in education, as most 17 year olds are, OP would still be getting financial support from the state. In this case daughter appears unable to begin education but is unable to contribute towards the support she needs. OP is simply looking for what support might be available and so far  has not been given the opportunity to find out if daughter is eligible for an ongoing UC award due to her health. Although she has PIP that is supposed to help with extra costs of illness not be for basic living costs.

NedS

calcotti said:

scoobiemandan said:

But I believe they do because her boyfriend, who is 17 and is diagnosed high functioning autism amongst a whole plethora of other conditions and lives with his mother is receiving UC!!

Do you know how his claim was made? I think the problem is that because there is no clear guidance it is hit and miss what happens when a claim is made in these circumstances.

Exactly, this is likely lack of knowledge of the person performing the initial interview. Lack of parental support is generally well known, but the other reasons less so.

I would suggest the claimant must declare a health condition that affects the ability to work/look for work AND must provide a fit note when the claim is made. At the initial interview the advisor should check eligibility, and should find the claimant eligible whilst awaiting the outcome of a WCA. I would ask/request/insist upon an immediate referral for a WCA at the initial interview.

If the claim is closed, request a MR citing the above guidance which states eligible if awaiting a WCA. Point out the claim can not be closed until the outcome of the WCA is known.

tomtom256

sportsarb said:

tomtom256 said:

She doesnt meet this "you have limited capability for work or you have medical evidence and are waiting for a Work Capability Assessment" as she will only get this following a work capability assessment.

And unless she meets any of the other criteria she isn't technically eligible to claim until she is 18.

But she would be meeting this bit that you yourself quoted:
'...you have medical evidence and are waiting for a Work Capability Assessment"'

But she isn't, as she hasn't been referred for a WCA, so in the eyes of the DWP she isn't waiting for one.

She can only be waiting for a WCA once she has been referred and there is nothing in guidance to support alowing the claim until a referral has been made.