Help needed - Didn't complete Universal Credit Form in April but tax credits were stopped

Luawaving

 My brother is a self-employed lone parent but lost work overnight when the schools were closed as he had to look after his kids (aged 8 and 11). I went just before lock down to help him as his partner's child was in his last few weeks of life and he was supporting her and helping with daily care. He died, aged 10, in April. I have done a terrible thing as I wrongly advised my brother that he could claim Universal Credit before the self employment scheme kicked in. We half filled in the form on my laptop (he does not use online things) but then decided to leave it as he didn't have all the information. It said on the form that it would not be processed if it was not completed by a certain date but they did process it and his WT and CT credits were stopped which he didn't notice as he has been grief stricken and occupied looking after his children. Is there anything we can do? It feels so wrong that they processed it even though it was incomplete and made no attempt to call him even though he had asked questions on the form that showed he was trying to get help with the self employment scheme. When he spoke to Universal Credit they said that there is now a warning on the form but there wasn't one at that time.  He is in the category of people that would lose thousands. Instead of helping him I have caused more suffering. He has not been in receipt of any benefits for months as tax credits stopped and the UC went ahead but closed (we did not look at the gateway thing again as we thought it would not go ahead).
We have written to the local MP, completed a mandatory reconsideration to WTC (refused under section 8 welfare reform act 2012). Is it worth trying to pursue mandatory reconsideration to UC or legally challenge?  If anyone has helpful advice please share. 

poppy12345

Sorry for your loss.

It sounds like the claim was submitted, otherwise his tax credits wouldn't have ended. They can't process the claim unless it's submitted. There's nothing he can do about it now because once you claim UC you can't ever go back onto tax credits.

Has he now successfully claimed UC?

You mention the self employed grant (SEISS) but this has nothing to do with tax credits or Universal Credit and you can still claim the grant if eligible. Did he claim the first grant? Lines are now open for the 2nd grant, providing the other criteria applies and he's adversely affected from 14th July then he can claim.

Icequeen1

You need to find a specialist welfare rights advisers. There are some advisers who think there is an argument that can be made to get back into tax credits, but it is quite a complicated argument. But it is risky, as it would mean no UC support in the meantime and if the appeal loses, you won't be able to get UC to cover the gap (which could be 18 months) 

lloyd7

Icequeen1 said:

You need to find a specialist welfare rights advisers. There are some advisers who think there is an argument that can be made to get back into tax credits, but it is quite a complicated argument. But it is risky, as it would mean no UC support in the meantime and if the appeal loses, you won't be able to get UC to cover the gap (which could be 18 months) 

Would you know how this could be done? Many self employed people assumed that you had to apply for UC if you were unable to work because of lockdown as this was advised by the government with no warning your tax credit would end and you couldn’t go back. I have nothing to loose as my UC will end now after six months anyway but this will leave me financially so much worse off. 

So sorry for your loss and I truly hope your brother will get help.

poppy12345

lloyd7 said:

Icequeen1 said:

You need to find a specialist welfare rights advisers. There are some advisers who think there is an argument that can be made to get back into tax credits, but it is quite a complicated argument. But it is risky, as it would mean no UC support in the meantime and if the appeal loses, you won't be able to get UC to cover the gap (which could be 18 months) 

  I have nothing to loose as my UC will end now after six months anyway

Why will your UC end after 6 months?

lloyd7

poppy12345 said:

lloyd7 said:

Icequeen1 said:

You need to find a specialist welfare rights advisers. There are some advisers who think there is an argument that can be made to get back into tax credits, but it is quite a complicated argument. But it is risky, as it would mean no UC support in the meantime and if the appeal loses, you won't be able to get UC to cover the gap (which could be 18 months) 

  I have nothing to loose as my UC will end now after six months anyway

Why will your UC end after 6 months?

Owning a buy to let. 

Luawaving

lloyd7 said:

Icequeen1 said:

You need to find a specialist welfare rights advisers. There are some advisers who think there is an argument that can be made to get back into tax credits, but it is quite a complicated argument. But it is risky, as it would mean no UC support in the meantime and if the appeal loses, you won't be able to get UC to cover the gap (which could be 18 months) 

Would you know how this could be done? Many self employed people assumed that you had to apply for UC if you were unable to work because of lockdown as this was advised by the government with no warning your tax credit would end and you couldn’t go back. I have nothing to loose as my UC will end now after six months anyway but this will leave me financially so much worse off. 

So sorry for your loss and I truly hope your brother will get help.

HI all,
Sorry Lloyd7 that this has affected you too. Like you, my brother will be thousands of pounds worse off and this will continue over the next few years. I have £5,000 savings and all I can do is give him half of this but this is nothing compared to what he has lost financially and with his other losses too.  I am just so gutted as it is totally my fault as without me 'helping' him he wouldn't have done it. I'm just so, so depressed by it. At the moment I can't think of anything else. I even wrote to the PM and secretary of state for W &P.
 I have got some specialist advice and it does seem that if you press the submit claim that's it. No redress. I do think the government and media perpetuated the message that if you needed help before getting self employment scheme money then apply for Universal Credit (as a separate thing to ax credits). I still saw this advice in the Guardian on Saturday in relation to people who may lose out if they have to quarantine. I really do think it's a cynical attempt by government to use the panic around loss of wages and move more people (or get them to move themselves) onto UC quicker than the migration. 

Luawaving

poppy12345 said:

Sorry for your loss.

It sounds like the claim was submitted, otherwise his tax credits wouldn't have ended. They can't process the claim unless it's submitted. There's nothing he can do about it now because once you claim UC you can't ever go back onto tax credits.

Has he now successfully claimed UC?

You mention the self employed grant (SEISS) but this has nothing to do with tax credits or Universal Credit and you can still claim the grant if eligible. Did he claim the first grant? Lines are now open for the 2nd grant, providing the other criteria applies and he's adversely affected from 14th July then he can claim.

You are right the claim submit button was pushed. No going back. He hasn't claimed for UC yet as he was hoping. From what I've read there aren't even any grounds for backdating the claim as the grounds for that are very limited. He did claim the SEISS grant. Thanks for answering. 

poppy12345

You're right about backdating UC. This can only be for a maximum of 1 month in extreme circumstances like being in hospital, it won't be backdated for him sadly.

At this point he has no other option but to claim UC.

Icequeen1

lloyd7 said:

poppy12345 said:

lloyd7 said:

Icequeen1 said:

You need to find a specialist welfare rights advisers. There are some advisers who think there is an argument that can be made to get back into tax credits, but it is quite a complicated argument. But it is risky, as it would mean no UC support in the meantime and if the appeal loses, you won't be able to get UC to cover the gap (which could be 18 months) 

  I have nothing to loose as my UC will end now after six months anyway

Why will your UC end after 6 months?

Owning a buy to let. 

Are you sure you are getting UC? Sounds like you might be getting contributory ESA or JSA rather than UC if it ends after 6 months. If you get UC there is entitlement period - if you have a buy to let and therefore capital over 16k you won't qualify for UC for any period. 
Perhaps start by contacting a local CAB and ask if they have a specialist welfare rights adviser or your local authority. 

poppy12345

Icequeen1 said:

lloyd7 said:

poppy12345 said:

lloyd7 said:

Icequeen1 said:

You need to find a specialist welfare rights advisers. There are some advisers who think there is an argument that can be made to get back into tax credits, but it is quite a complicated argument. But it is risky, as it would mean no UC support in the meantime and if the appeal loses, you won't be able to get UC to cover the gap (which could be 18 months) 

  I have nothing to loose as my UC will end now after six months anyway

Why will your UC end after 6 months?

Owning a buy to let. 

Are you sure you are getting UC? Sounds like you might be getting contributory ESA or JSA rather than UC if it ends after 6 months. If you get UC there is entitlement period - if you have a buy to let and therefore capital over 16k you won't qualify for UC for any period. 
Perhaps start by contacting a local CAB and ask if they have a specialist welfare rights adviser or your local authority. 

It could well have been disregarded for 6 months.