Less money after being switched over to Universal Credit

thebailey

calcotti said:

thebailey said: Yes, when I called the IS line the 2nd time a couple weeks ago, when I asked if they can revise the decision to end IS, all he said was "No".

I would suggest you formally request this be looked at again in writing. When you ring you are not speaking to a Decision Maker. The argument is something like this:

My IS claim was closed from xxx because my entitlement to Carer’s Allowance ended as a result of my aunt’s PIP award being stopped.

I have since informed you that the decision to end my aunt’s PIP award was subsequently revised and the award was reinstated meaning that her entitlement was continuous. I continued to be a carer for her throughout and fall within a prescribed category of person entitled to Income Support as a person regularly and substantially engaged in caring for a person entitled to the daily living component of PIP.

I have asked you to make an any time revision of the decision to end the IS claim but you have refused to do so. I request a Mandatory Reconsideration of that decision.

Because the legal position is now that my aunt was continuously entitled to PIP the decision to end the IS claim is incorrect and should be revised.

Get advice if you need it https://advicelocal.uk/

Thank you, that will be my next step.

xxxxxxxx

I am VERY reluctant to read 6 pages .  but, simplest thing to do would be for your auntie to appeal and win the PIP closing.  then there is no overpayment of IS and UC will give you back the SDP TA. 

Are you your aunties appointee? 
When did your CA stop ?
If you are not your auntie's appointee, then you have no responsibility to inform IS that your auntie's PIP had stopped.  You are only responsibility is to tell IS when your CA stopped. If you did that then you owe no overpayment to IS.  
What date did CA make their decision to stop your CA ? did they pay CA up to Sept and then CA decided to stop the CA effective from May? 

Another way to look at it is "if the CA over payment is not recoverable then neither is your IS over payment recoverable"  "If your CA O/P is recoverable then your IS O/P is recoverable".  

You say you are now getting CA again who are you caring for now? 

You say your CA is now £163./ month, that is not CA it is UC CE carer's element. 
You can claim CA, it will only benefit you to do so if you value the class 1 NI credits. Otherwise there is little point in claiming CA.  Claiming CA can help you to get Contributory Benefits ESA/JSA  


Yes, as things stand, your UC award looks to be currently correct.  

No, it is not as simple as getting 13 weeks of sicklines and then get more money on UC . You have to pass the exam first for LCWRA. 

xxxxxxxx

thebailey said:

calcotti said:

thebailey said: Yes, when I called the IS line the 2nd time a couple weeks ago, when I asked if they can revise the decision to end IS, all he said was "No".

I would suggest you formally request this be looked at again in writing. When you ring you are not speaking to a Decision Maker. The argument is something like this:

My IS claim was closed from xxx because my entitlement to Carer’s Allowance ended as a result of my aunt’s PIP award being stopped.

I have since informed you that the decision to end my aunt’s PIP award was subsequently revised and the award was reinstated meaning that her entitlement was continuous. I continued to be a carer for her throughout and fall within a prescribed category of person entitled to Income Support as a person regularly and substantially engaged in caring for a person entitled to the daily living component of PIP.

I have asked you to make an any time revision of the decision to end the IS claim but you have refused to do so. I request a Mandatory Reconsideration of that decision.

Because the legal position is now that my aunt was continuously entitled to PIP the decision to end the IS claim is incorrect and should be revised.

Get advice if you need it https://advicelocal.uk/

Thank you, that will be my next step.

First thing you need to do is get CA to revise the Overpayment of CA to being a valid claim of CA up to and including September.  Get a letter from CA saying there was no overpayment of CA ... 

Better still ask CA to reopen your CA as being continuous they will give you a load of arrears up to today,  BUT those arrears of CA should be offset and offered to UC so you must tell CA to offer the arrears to UC.  UC will take all of the CA arrears give or take a week or two depending when you claimed UC... 

If the CA fails in their duty and they pay you the CA arrears then UC will generate an overpayment to the same amount as the CA arrears and you will have to pay it back via Debt Management.

Spoonie_Turtle

xxxxxxxx said:

I am VERY reluctant to read 6 pages .  but, simplest thing to do would be for your auntie to appeal and win the PIP closing.  then there is no overpayment of IS and UC will give you back the SDP TA. 

…

No, it is not as simple as getting 13 weeks of sicklines and then get more money on UC . You have to pass the exam first for LCWRA. 

I think the previous 6 pages will have answered most of your questions though.  The aunt's PIP has been awarded and (I think, it's been a couple of days since I last read the thread and my memory is fuzzy) we're now at the stage of OP challenging the IS decision.


[For clarity's sake the Work Capability Assessment is just that, an assessment, not an exam (which would imply one passes or fails).]

xxxxxxxx

Spoonie_Turtle said:

xxxxxxxx said:

I am VERY reluctant to read 6 pages .  but, simplest thing to do would be for your auntie to appeal and win the PIP closing.  then there is no overpayment of IS and UC will give you back the SDP TA. 

…

No, it is not as simple as getting 13 weeks of sicklines and then get more money on UC . You have to pass the exam first for LCWRA. 

I think the previous 6 pages will have answered most of your questions though.  The aunt's PIP has been awarded and (I think, it's been a couple of days since I last read the thread and my memory is fuzzy) we're now at the stage of OP challenging the IS decision.


[For clarity's sake the Work Capability Assessment is just that, an assessment, not an exam (which would imply one passes or fails).]

It was quicker for me to reply than read the 6 pages. 

Before challenging the IS decision she would be better to ask CA for a letter confirming there is no over-payment of CA.  It would make the IS challenge a lot easier anyway.  

IS is incorrect to make this recoverable in the first place, but doing the advice above, IS would still have an over payment of Carer Premium wouldn't they? 

poppy12345

xxxxxxxx said:

Spoonie_Turtle said:

xxxxxxxx said:

I am VERY reluctant to read 6 pages .  but, simplest thing to do would be for your auntie to appeal and win the PIP closing.  then there is no overpayment of IS and UC will give you back the SDP TA. 

…

No, it is not as simple as getting 13 weeks of sicklines and then get more money on UC . You have to pass the exam first for LCWRA. 

I think the previous 6 pages will have answered most of your questions though.  The aunt's PIP has been awarded and (I think, it's been a couple of days since I last read the thread and my memory is fuzzy) we're now at the stage of OP challenging the IS decision.


[For clarity's sake the Work Capability Assessment is just that, an assessment, not an exam (which would imply one passes or fails).]

It was quicker for me to reply than read the 6 pages. 

If you had read the 6 pages there would have been no need to reply because as spoonie has advised, all the advice has been given.

xxxxxxxx said:

Spoonie_Turtle said:

xxxxxxxx said:

I am VERY reluctant to read 6 pages .  but, simplest thing to do would be for your auntie to appeal and win the PIP closing.  then there is no overpayment of IS and UC will give you back the SDP TA. 

…

No, it is not as simple as getting 13 weeks of sicklines and then get more money on UC . You have to pass the exam first for LCWRA. 

I think the previous 6 pages will have answered most of your questions though.  The aunt's PIP has been awarded and (I think, it's been a couple of days since I last read the thread and my memory is fuzzy) we're now at the stage of OP challenging the IS decision.


[For clarity's sake the Work Capability Assessment is just that, an assessment, not an exam (which would imply one passes or fails).]

[Nevertheless it is coloquially a "pass or fail" situation and that terminology is in common usage. It is a medical examination to be precise.]

The WCA is not a medical.

xxxxxxxx

I am quickly being reminded as to why I never bother to come here.  

calcotti

xxxxxxxx said:

I am VERY reluctant to read 6 pages 

If you don’t want to read the thread it really isn’t helpful to post lots of questions about things that are already covered and to offer advice which isn’t relevant. It just makes the thread even longer.

xxxxxxxx

calcotti said:

xxxxxxxx said:

I am VERY reluctant to read 6 pages 

If you don’t want to read the thread it really isn’t helpful to post lots of questions about things that are already covered and to offer advice which isn’t relevant. It just makes the thread even longer.

You think a letter from CA confirming there was no o/p of CA is irrelevant? Your method will leave the OP with an o/p of carer's premium.  

easier to get CA to revise their decision and declare there was no overpayment of carer's allowance. 

But there is no harm in doing both methods.

calcotti

xxxxxxxx said:

You think a letter from CA confirming there was no o/p of CA is irrelevant? Your method will leave the OP with an o/p of carer's premium.  

The point about carer premium is sound. I completely overlooked that. I was thrown by your reference to challenging the overpayment of CA - because there’s hasn’t been one and nothing OP has said suggests there has been.

OP. Although it will be deducted from your future UC payments so will not increase your overall future income you should reapply for Carer’s Allowance. 
i) you will be able to backdate it to the date it previously stopped at the end of May
ii) as xxxxxxxx points out this means that, if you can get IS to reinstate your claim from May to September, the calculation will include the carer premium.