Cold Weather Payment on UC

KB32

Hi there, I was hoping for some help and information regarding the Cold weather payment whilst on Universal credit. 

I am currently in receipt of Universal and there have been 2 payments triggered for the area I live in however I have not received anything, after checking the Cold weather payment eligibility on the gov website it appears I should have.

I hope someone can help with some advice or perhaps is in a similar situation.

Thank you in advance 

Spoonie_Turtle

I don't think you qualify as the child is not your responsibility.

https://www.legislation.gov.uk/uksi/1988/1724

F49 3(a)P’s family includes a member aged less than 5;

I checked the meaning of family [F16“family” has the meaning given to it in section 137 of the Act* and the General Regulations;] and it does point to responsibility for a child, not simply a blood relative.  
(*https://www.legislation.gov.uk/ukpga/1992/4/section/137. F5(c) )

[Citing my sources so other members can check my interpretation!]

huckster

Agree with Spoonie.

Gov.uk eligibility information is a bit misleading as it does not explain what it means by having a child under 5 living with you.

It means that that the child under 5 is part of the same benefit claim and the person claiming would have responsibility in providing a warm place for them to live, so would need the additional money to help pay increased energy bill.

poppy12345

I agree with others, the children are not your responsibility, they are your brothers and his wife. You do not qualify for a CWP.

spingoblin

KB32 said:

Hi there, I was hoping for some help and information regarding the Cold weather payment whilst on Universal credit. 

I am currently in receipt of Universal and there have been 2 payments triggered for the area I live in however I have not received anything, after checking the Cold weather payment eligibility on the gov website it appears I should have.

I sent a message through my journal and was told UC do not send out the payments and have nothing to do with it, if I am eligible it will be sent automatically and I don't need to do anything. Am I just being fobbed off and can I ask for a mandatory reconsideration or is there a phone number I can call to speak to someone about the Cold weather payment?

Just to clarify I am the only person in my household in receipt of Universal credit and I live with children aged under 5, however the children are not mine but my brother and his wifes, neither of whom receive Universal credit.

I hope someone can help with some advice or perhaps is in a similar situation.

Thank you in advance 

If you have LCW or LCWRA on Universal Credit you will be entitled to a Cold Weather Payment, it is irrelevant whether you live with your Brother and his family, your Aunty Nelly or live alone - as you don't state LCW/LCWRA applies then you will not be entitled.

Spoonie_Turtle

spingoblin said:

KB32 said:

Hi there, I was hoping for some help and information regarding the Cold weather payment whilst on Universal credit. 

I am currently in receipt of Universal and there have been 2 payments triggered for the area I live in however I have not received anything, after checking the Cold weather payment eligibility on the gov website it appears I should have.

I sent a message through my journal and was told UC do not send out the payments and have nothing to do with it, if I am eligible it will be sent automatically and I don't need to do anything. Am I just being fobbed off and can I ask for a mandatory reconsideration or is there a phone number I can call to speak to someone about the Cold weather payment?

Just to clarify I am the only person in my household in receipt of Universal credit and I live with children aged under 5, however the children are not mine but my brother and his wifes, neither of whom receive Universal credit.

I hope someone can help with some advice or perhaps is in a similar situation.

Thank you in advance 

If you have LCW or LCWRA on Universal Credit you will be entitled to a Cold Weather Payment, it is irrelevant whether you live with your Brother and his family, your Aunty Nelly or live alone - as you don't state LCW/LCWRA applies then you will not be entitled.

It's not totally irrelevant, if they are responsible for a child under 5 or a disabled child then they would be eligible too.  It just happens that they're not, and as huckster explained the confusion arose from the gov.uk saying "a child under 5 living with you" rather than specifying being responsible for such a child.

poppy12345

spingoblin said:

KB32 said:

Hi there, I was hoping for some help and information regarding the Cold weather payment whilst on Universal credit. 

I am currently in receipt of Universal and there have been 2 payments triggered for the area I live in however I have not received anything, after checking the Cold weather payment eligibility on the gov website it appears I should have.

I sent a message through my journal and was told UC do not send out the payments and have nothing to do with it, if I am eligible it will be sent automatically and I don't need to do anything. Am I just being fobbed off and can I ask for a mandatory reconsideration or is there a phone number I can call to speak to someone about the Cold weather payment?

Just to clarify I am the only person in my household in receipt of Universal credit and I live with children aged under 5, however the children are not mine but my brother and his wifes, neither of whom receive Universal credit.

I hope someone can help with some advice or perhaps is in a similar situation.

Thank you in advance 

If you have LCW or LCWRA on Universal Credit you will be entitled to a Cold Weather Payment,

That's not quite correct either. A claimant will only be entitled to a CWP if they have LCW/LCWRA providing they're not employed or self employed. https://www.gov.uk/cold-weather-payment/eligibility

NedS

poppy12345 said:

spingoblin said:

KB32 said:

Hi there, I was hoping for some help and information regarding the Cold weather payment whilst on Universal credit. 

I am currently in receipt of Universal and there have been 2 payments triggered for the area I live in however I have not received anything, after checking the Cold weather payment eligibility on the gov website it appears I should have.

I sent a message through my journal and was told UC do not send out the payments and have nothing to do with it, if I am eligible it will be sent automatically and I don't need to do anything. Am I just being fobbed off and can I ask for a mandatory reconsideration or is there a phone number I can call to speak to someone about the Cold weather payment?

Just to clarify I am the only person in my household in receipt of Universal credit and I live with children aged under 5, however the children are not mine but my brother and his wifes, neither of whom receive Universal credit.

I hope someone can help with some advice or perhaps is in a similar situation.

Thank you in advance 

If you have LCW or LCWRA on Universal Credit you will be entitled to a Cold Weather Payment,

That's not quite correct either. A claimant will only be entitled to a CWP if they have LCW/LCWRA providing they're not employed or self employed. https://www.gov.uk/cold-weather-payment/eligibility

or have a partner who is employed or self-employed

poppy12345

NedS said:

poppy12345 said:

spingoblin said:

KB32 said:

Hi there, I was hoping for some help and information regarding the Cold weather payment whilst on Universal credit. 

I am currently in receipt of Universal and there have been 2 payments triggered for the area I live in however I have not received anything, after checking the Cold weather payment eligibility on the gov website it appears I should have.

I sent a message through my journal and was told UC do not send out the payments and have nothing to do with it, if I am eligible it will be sent automatically and I don't need to do anything. Am I just being fobbed off and can I ask for a mandatory reconsideration or is there a phone number I can call to speak to someone about the Cold weather payment?

Just to clarify I am the only person in my household in receipt of Universal credit and I live with children aged under 5, however the children are not mine but my brother and his wifes, neither of whom receive Universal credit.

I hope someone can help with some advice or perhaps is in a similar situation.

Thank you in advance 

If you have LCW or LCWRA on Universal Credit you will be entitled to a Cold Weather Payment,

That's not quite correct either. A claimant will only be entitled to a CWP if they have LCW/LCWRA providing they're not employed or self employed. https://www.gov.uk/cold-weather-payment/eligibility

or have a partner who is employed or self-employed

Indeed, i did refer to it as a "claimant" meaning both claimants.

huckster

The eligibility criteria for the CWP is written into the UC claim system, so the payment is made automatically to those claimants who are eligible for the payments. 

As you don't meet any of the eligibility criteria  you would never be considered for the payments. Does not matter if the parents of the child under 5 do not claim benefits. Perhaps the parents if they were struggling financially could apply for UC or apply for other help available e.g. local Council welfare.

KB32

huckster said:

The eligibility criteria for the CWP is written into the UC claim system, so the payment is made automatically to those claimants who are eligible for the payments. 

As you don't meet any of the eligibility criteria  you would never be considered for the payments. Does not matter if the parents of the child under 5 do not claim benefits. Perhaps the parents if they were struggling financially could apply for UC or apply for other help available e.g. local Council welfare.

I know but the reason why I asked was because it wasn't clear on the gov website and my work coach didn't seem 100% sure either.

Also when the children were born I never informed UC so they wouldn't be aware that I have any children under 5 living with me therefore the payment would not be automatically paid even if I was eligible as they would be missing this key information.

If you go on the gov.uk website for CWP it is as clear as mud and as I mentioned after checking other benefit advice websites it still wasn't clear, I thought it unlikely as I am not a parent or guardian but this is not specified anywhere as a requirement so I wasn't sure.