SMI

Rubyroobs

Please can any of the experts on here advise please.
I have an ex colleague who was finished from work a few months ago due to severe illness. In receipt of new style ESA assessment rate and a small private pension of approx £250 per month. Not eligible for UC even if awarded Support group of ESA. has applied for PIP but obviously this is going to take a long time ( not special rules).. he is at risk of losing his mortgaged home. can he claim SMI ? The Gov.uk site seems to suggest that if you have applied fro Uc and been turned down based on income being too high, you can still clam SMI after 39 weeks. I think he tried to claim UC a few months ago. Any advice much appreciated.

poppy12345

Unfortunately, he won't be able to claim SMI because New Style ESA isn't included in the eligibility criteria. https://www.gov.uk/support-for-mortgage-interest/eligibility

Rubyroobs

poppy12345 said:

Unfortunately, he won't be able to claim SMI because New Style ESA isn't included in the eligibility criteria. https://www.gov.uk/support-for-mortgage-interest/eligibility

Thanks Poppy. It says further down on that Gov.uk page that if you have applied for Uc and been turned down based on income being too high ( his was not income as such but Ns ESA and private pension  which cancelled out any UC), then you can still be treated as if you were receiving the benefit? 

poppy12345

It also says this. You will not be treated as getting Universal Credit if you cannot get it because your income is too high.

Rubyroobs

poppy12345 said:

Unfortunately, he won't be able to claim SMI because New Style ESA isn't included in the eligibility criteria. https://www.gov.uk/support-for-mortgage-interest/eligibility

And if this is the case would he not be better just cancelling the ESA claim and claiming Uc instead ? Then he would qualify for things like cost of living payment, warm home discount etc ?

calcotti

Rubyroobs said: And if this is the case would he not be better just cancelling the ESA claim and claiming Uc instead ? Then he would qualify for things like cost of living payment, warm home discount etc ?

But the UC would likely be paying less than new style ESA. UC which is just single person allowance plus LCWRA would be maximum of £689 minus the £250 pension leaving £439 payable whereas ESA at £117.60/week is equivalent to £509/month so worth an extra £70/month.

Would have to weigh that against access to SMI etc.

calcotti

Rubyroobs said:  It says further down on that Gov.uk page that if you have applied for Uc and been turned down based on income being too high ( his was not income as such but Ns ESA and private pension  which cancelled out any UC), then you can still be treated as if you were receiving the benefit? 

But it then says

If your income is too high to get a qualifying benefit
You might still be able to get SMI if you apply for one of the qualifying benefits but cannot get it because your income is too high. You’ll then be treated as getting the benefit you applied for.
You will not be treated as getting Universal Credit if you cannot get it because your income is too high.

I don't know what you mean by "his was not income as such but Ns ESA and private pension  which cancelled out any UC". ESA and pension are types of income.

Rubyroobs

calcotti said:

Rubyroobs said:  It says further down on that Gov.uk page that if you have applied for Uc and been turned down based on income being too high ( his was not income as such but Ns ESA and private pension  which cancelled out any UC), then you can still be treated as if you were receiving the benefit? 

But it then says

If your income is too high to get a qualifying benefit
You might still be able to get SMI if you apply for one of the qualifying benefits but cannot get it because your income is too high. You’ll then be treated as getting the benefit you applied for.
You will not be treated as getting Universal Credit if you cannot get it because your income is too high.

I don't know what you mean by "his was not income as such but Ns ESA and private pension  which cancelled out any UC". ESA and pension are types of income.

Yes I appreciate the ESA and private pension are types of income, just not earnings. So is there a possibility that he can still be treated as getting Uc and therefore be eligible to claim SMI? It seems a shame for him to lose his home when he just needs some ( hopefully ) short term help ? What are people meant to do in this situation. he currently has a total of around £500 per month to live on and a mortgage to pay. he is relying on food banks whilst seriously ill. I guess he just needs to hope PIP is awarded but that could be months away.

calcotti

Rubyroobs said:.

Yes I appreciate the ESA and private pension are types of income, just not earnings. So is there a possibility that he can still be treated as getting Uc and therefore be eligible to claim SMI? 

Can’t see how based on the information on that page, it refers to income.
"You will not be treated as getting Universal Credit if you cannot get it because your income is too high."

sheramber

You might still be able to get SMI if you apply for one of the qualifying benefits but cannot get it because your income is too high. You’ll then be treated as getting the benefit you applied for.

But, that does not apply to Universal Credit  per the next statement 

You will not be treated as getting Universal Credit if you cannot get it because your income is too high.

calcotti

sheramber said:

You might still be able to get SMI if you apply for one of the qualifying benefits but cannot get it because your income is too high. You’ll then be treated as getting the benefit you applied for.

But all the other qualifying benefits (with the exception of Pension Credit) can no longer be applied for because they have been replaced  by UC.