Less money after being switched over to Universal Credit

calcotti

thebailey said: Do I maybe need to go to my MP?

That will do no harm.

The line UC are taking appears to be that you were not entitled to IS with SDP in the month prior to claiming UC so are not entitled to the SDP transitional element. This is technically correct. However you were receiving IS with SDP.

On the one hand you didn’t know that your IS entitlement had ended because DWP hadn’t told you so didn’t know you needed to claim UC.

On the other hand when the PIP ended you should have informed CA and when CA ended (which would have been 8 weeks later) you should have informed IS.

thebailey

calcotti said:

thebailey said: Do I maybe need to go to my MP?

That will do no harm.

Just seems a total mess

Hopefully the MP can help. It's certainly a lot of money to lose. And I would have claimed UC back in May, if they had told me

Because my last IS was 13tj September and I signed up for UC on the 30tj, hopefully that will help me.

Thanks

poppy12345

calcotti said:

thebailey said: Do I maybe need to go to my MP?

On the other hand when the PIP ended you should have informed CA and when CA ended (which would have been 8 weeks later) you should have informed IS.

Is that correct?  Surely in this case there's no run on of CA when PIP/DLA stopped. The 8 week run on is for someone that's claiming CA for someone that's passed away.

calcotti

poppy12345 said:

Is that correct?  Surely in this case there's no run on of CA when PIP/DLA stopped. The 8 week run on is for someone that's claiming CA for someone that's passed away.

There is an eight week run on for IS beyond the date on which the claimant ceases to meet the conditions for IS.

————
OP, have thought about this a bit more overnight and unfortunately I think you are on weak ground because you should have notified CA and IS when your auntie stopped getting PIP. 

However you could now go back to IS, inform them that the PIP was reinstated and ask them to revise the decision to end your IS claim on the grounds that, because the PIP was reinstated, you remained eligible as you still met the definition of a carer for IS purposes. If you could get the IS entitlement established up to the date of UC claim then the right to SDP transitional element in UC would be clear. (You would actually be entitled to IS up to two weeks after the UC claim).

thebailey

calcotti said:

poppy12345 said:

Is that correct?  Surely in this case there's no run on of CA when PIP/DLA stopped. The 8 week run on is for someone that's claiming CA for someone that's passed away.

There is an eight week run on for IS beyond the date on which the claimant ceases to meet the conditions for IS.

————
OP, have thought about this a bit more overnight and unfortunately I think you are on weak ground because you should have notified CA and IS when your auntie stopped getting PIP. 

However you could now go back to IS, inform them that the PIP was reinstated and ask them to revise the decision to end your IS claim on the grounds that, because the PIP was reinstated, you remained eligible as you still met the definition of a carer for IS purposes. If you could get the IS entitlement established up to the date of UC claim then the right to SDP transitional element in UC would be clear. (You would actually be entitled to IS up to two weeks after the UC claim).

Just called IS, and the guy I spoke with said that I should be getting the SDP. 

He said he's never heard of any 1 month rule before.  He then said regardless, this is a fault on their part that I was still getting paid IS till September and that nobody told me it was finishing in May.  He said I need to call PIP and ask them about the SDP and he said I should be getting this

He then also said they may actually also have to ask me to pay back IS payments from May to September.  

This just gets worse, and I seem to be getting passed the buck.  I guess I'll call PIP now.

calcotti

thebailey said:  He said I need to call PIP and ask them about the SDP and he said I should be getting this

That is poor advice. PIP have no say in getting the SDP. The SDP is part of the IS payment and that will then entitle you to the SDP transitional element in UC.

thebailey said: He then also said they may actually also have to ask me to pay back IS payments from May to September. 

Did you do as I advised in an earlier post. Did you tell IS that your aunt had her PIP reinstated from xxx, that you continued to look after her for at least 35 hours per week and therefore continued to meet the definition of a carer and ask them to revise the decision to end your US entitlement from May.

If they do this you will have been entitled to the IS payments they have already paid you and some arrears of IS from when it stopped until two weeks after you claimed UC. They may insist you get Carer's Allowance reinstated and backdated to when it stopped before they reinstate IS but i don't think is strictly necessary as I think you can meet the definition of carer for IS without being in receipt of CA.

calcotti said: However you could now go back to IS, inform them that the PIP was reinstated and ask them to revise the decision to end your IS claim on the grounds that, because the PIP was reinstated, you remained eligible as you still met the definition of a carer for IS purposes. If you could get the IS entitlement established up to the date of UC claim then the right to SDP transitional element in UC would be clear. (You would actually be entitled to IS up to two weeks after the UC claim).

thebailey

calcotti said:

thebailey said:  He said I need to call PIP and ask them about the SDP and he said I should be getting this

That is poor advice. PIP have no say in getting the SDP. The SDP is part of the IS payment and that will then entitle you to the SDP transitional element in UC.

thebailey said: He then also said they may actually also have to ask me to pay back IS payments from May to September. 

Did you do as I advised in an earlier post.
Did you tell IS that your aunt had her PIP reinstated from xxx, that you continued to look after her for at least 35 hours per week and therefore continued to meet the definition of a carer and ask them to revise the decision to end your US entitlement from May. If they do this you will have been entitled to the IS payments they have already paid you and some arrears of IS from when it stopped until two weeks after you claimed UC. 

Yes, I mentioned she won her PIP and that I still care for her.  I asked for a revision and he just said this was to do with PIP.

So, no point phoning PIP then.  Do I pone IS back?  Feel like I'll just get the same run around again.

This is a nightmare  

calcotti

thebailey said: Yes, I mentioned she won her PIP and that I still care for her.  I asked for a revision and he just said this was to do with PIP.

PIP cannot reinstate your IS, only IS can do that. Try ringing again and see if you get someone more helpful.

thebailey

calcotti said:

thebailey said: Yes, I mentioned she won her PIP and that I still care for her.  I asked for a revision and he just said this was to do with PIP.

PIP cannot reinstate your IS, only IS can do that. Try ringing again and see if you get someone more helpful.

Just spoke with IS again, this guy just said he cant help.  Then said its up to UC to correct what ever mistakes there is.  Another wasted phone call.  he also said he has no idea what "SDP TRansitional element" is

He went on about, UC is better and that it has all the benefits in one.  I said I'm £92 worse off a week.

After the call I phoned a local benefits help group, and I don't think the woman understood what I was talking about either.  She took details and said she would call me next week.

I just want to give up now.  Feel depressed now about this.    

poppy12345

thebailey said:

calcotti said:

thebailey said: Yes, I mentioned she won her PIP and that I still care for her.  I asked for a revision and he just said this was to do with PIP.

PIP cannot reinstate your IS, only IS can do that. Try ringing again and see if you get someone more helpful.

Just spoke with IS again, this guy just said he cant help.  Then said its up to UC to correct what ever mistakes there is.  Another wasted phone call.  he also said he has no idea what "SDP TRansitional element" is

This just proves that when you ring DWP you are ringing a call centre and nothing more. They have very little benefits knowledge.