Less money after being switched over to Universal Credit

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Oh there has definitely been an O/P of CA.      CA have been notified by PIP of the PIP disallowance.  and then CA notify IS of the CA disallowance.   That's why IS kept paying until CA stopped.   OP could find that IS paid for longer than CA  so there could still be a couple of weeks where IS paid after CA stopped (this bit would still be recoverable, well for the CP it would be.) which is why I suggested she should ask CA to revise the CA overpayment and put her CA back into payment from the date the CA stopped.  Which they can do. because the CA was stopped in error. If OP gets this done then there is no remaining o/p of IS at all.

The thing is CA always acts correctly and writes the CA O/P off as non recoverable that's why OP has not mentioned it - because she doesn't know about it..  It is IS here who have acted incredibly stupid and tried to make it recoverable IS. 

calcotti

xxxxxxxx said:

Oh there has definitely been an O/P of CA.

As far as aid can see OP hasn’t said when CA stopped so we don’t know that. Seems possible that CA stopped correctly after 8 weeks but that IS continued to pay (which is what I had assumed). 

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As I say, I have not read the thread so I don't know what you are referring to as 8 weeks.  
8 week run on of CA only happens if the Disabled Person has died.  Your post quoted on page 6 says the aunties PIP has been revised.  I hope the aunty was not also revised

You are correct, CA might have closed without an o/p back in May when PIP stopped.  I was assuming if CA had stopped paying in May, IS's argument would have been the more robust "you did not tell us that your CA had stopped"  The fact that IS said "you did not tell us your aunties PIP had stopped" implied to me that CA had continued to pay and IS -to my mind- are clutching at straws to make it recoverable.

If I was OP (and PIP had not now been revised) I would have argued I had no knowledge PIP had stopped, I was still being paid CA so I had nothing to report to IS seeing as my IS was based upon the payment of CA which itself is based upon the payment of PIP.   


 

calcotti

Posted while tired and we seem to be going round in circles. Quite correct, CA should have stopped when PIP ended. OP hasn’t said that it didn’t (but haven’t said that it did either). However there is 8 week run on of IS. My assumption was that PIP stopped, CA stopped but OP did not report this so IS failed to stop after the 8 weeks leading to overpayment of IS (but not of CA). As covered in previous posts.

I follow your argument re challenging the IS situation if in fact CA continued to be paid. 

We don’t have all the facts so don’t know when CA stopped.

poppy12345

calcotti said:

we seem to be going round in circles.

Agree with that. It does help to read a thread before commenting and then there's less chance of this happeniing.

Alice_Holt

"I am VERY reluctant to read 6 pages...As I say, I have not read the thread so I don't know what you are referring to....".

Really this is very unhelpful for the OP, and only serves to confuse the issue and go round and round in circles.

It wastes everyone's time and effort, particularly when calcotti, poppy, spoonie, etc have teased out some of the detail and given the OP some very helpful advice.

If a forumite thinks they actually have something useful to add, then the very least they can do is to have the courtesy to review what has been covered already by those posters who have an excellent knowledge of the complicated benefits and appeals system.   

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For the last time there was no need for me to read the thread.  I posted what she needs to do.. and tried to ask the pertinent questions about her CA,   she needs to sort out her CA.  If I happened to have been repeating what was already said then so be it, no harm done. 

after I had posted,  I then read the last page and it seems no one has yet told her to simply sort out the CA to have CA reinstated as continuous then show *that* to IS and problem is solved.   

thebailey

NEW UPDATE: Janurary 8

Apologies I have not been on here sooner.  The whole situation has just been so stressful for me, and I just wanted to give up (in a way I have gave up).  You guys have gave me all excellent advice but regardless what I do or so, nobody from the DWP will listen to me.  Also apologies to the person that mentioned this thread being too long at 6 pages.  

I have been in contact with another benefits help group in Aberdeen (they are certainly better than the last group that said I cant do nothing and it's sods law the way things are for me).  This group is so booked up with clients they have not been able to see me "yet" but have been offering advice via email, and they too have agreed with the things mentioned in this thread by all you helpful people.  But of course, the DWP still won't listen.  I have phoned or messaged UC and IS several times now, as well as phoned "Medical services???" 

Here's the situation now: I'll break it into sections as it's easier for me to understand (hopefully it will not confuse other people).  And I'm sorry but this new post is going to be long too.


INCOME SUPPORT
1a. I phoned up IS before Christmas.  The woman I spoke to said: Income Support can not be revised.  Even when I mentioned my auntie winning her PIP appeal, she said that once Income Support is closed, that's the end of it 100%. (It's the same thing I keep getting told by IS, that it can never ever be revised).  However, the benefits group I spoke with said this can be, just like you guys told me.  So, not sure why IS is saying this???

1b. When I mentioned the Transitional SDP she agreed that I should have been giving this, and could even see on her computer that I was getting the extra hep when I was on Income Support but said that this was up to Universal Credit to sort that out. She said to write a note in my journal about the SDP but I told her I've sent several messages and phone calls to the Universal Credit but they just say I'm not entitled to anything else.  She just said there's nothing she can do

1c. We spoke about me getting IS payments during May and September (I'll speak about this at the bottom)

1d. She asked if I was getting carers allowance now, I said I was.  She said it says dormant on her computer.  I said I get it with my Universal credit and she said "You'll need to phone up CA as thats just the carers allowance element your getting" You should be able to get more "money" if you do that. (I'm not sure if that is even correct information????)


CARERS ALLOWANCE
At the advice giving from the lady on the phone to Income Support, I went and phoned up CA.  The lady I spoke with said I was not on CA, but I can apply for it online and they will backdate it to me to the end of March, and she said I was still with in the 3 months of my auntie wining her PIP appeal in November.  So, that's what I did, just before christmas.  I received a letter saying they will deal with my claim with in 12 weeks..   Now, I'm not sure what this will mean for me. Will it make matters worse or better, or the same?  CA is even more confusing, at least for me (CA and CA element).  And I seem to have been giving wrong information from the medical service team back in November.


IS OVERPAYMENT
Just received s letter today saying I owe them nearly £2500, and they added a £50 penalty saying I had no excuse to not tell them I was not entitled to IS.  It's bad enough they want me to pay that amount back but that means I was living on nothing during May to September, apart from my PIP payments. 

A fairer way would be to deduct JSA amount off of this but of course they would just say they cant do that as I should have applied for JSA (Although, I shouldnt have to pay back anything as this situation is all wrong). 

It also says on the letter, that if I am in receiept currently of JSA, they will deduct £29.60 a week off my JSA. If I get another benefit, the amount they take back will be even higher.  Personally, I think deducting £29.60 a week is too much so God knows how much they will take from me?  It'll be higher I assume.


MEDICAL APPOINTMENT
I've also just received a letter saying I have a medical next monday.  I phoned up the number on the letter and I said I am a carer for my auntie so, not sure why I have been sent this.  The man I spoke with agreed I should not have been sent this but sadly can't cancel the appointment and said I should write a note in my UC journal, which I have done.  They usually take ages to reply to me so, hopefully they do before next Monday.

SUMMARY
If it's not one thing, it's another.  And, none of these benefit departments, seem to want to listen and/or just pass the buck to each other.  I also seem to get wrong information from them too each time I phone up or email them.  I've never ever criticized the government or Benefits system in my life but, I just feel like they are making things so hard and complicated for people now.  And changing all the names for benefits is confusing enough!!!

I'll fire off another email to the benefits group I'm dealing with in Aberdeen as well.  As you guys have mentioned already, about writing a letter in the post, this group have said they will do this for me.

Thank you to everyone that has been helpful with their messages so far.

calcotti

You have claimed CA. It will be backdated to be continuous with when it previously stopped.

Once you have the CA decision go back to IS and say that CA has been reinstated and therefore the decision to close IS was incorrect and should be revised. If they refuse request a Mandatory reconsideration and if they still refuse take it to tribunal. Reinstating the IS will mean there is no overpayment.

Once the IS is in place with SDP go back to UC and ask for the SDP element to be applied from the start of your claim.

Unfortunately this will all take time.

Ignore all the references to JSA. You are claiming UC.

As regards the medical, you have been referred because you reported health condition.

Normally it would be worth more to get the LCWRA element rather than the carer element but if you manage to get the SDP element that will not be true (see my post at the the bottom page 1 of the thread).

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I agree with Calcotti. above but I will write my own reply. below.  But it will take me forever to write so come back in a while.