What is better for me, DLA or PIP? (I cannot claim Universal Credit)

Katers_83

Hi peeps,

I was injured over a year ago and lost my job as a result.  I am on "Contributions-based ESA", but this is not enough to pay the rent in the self contained flat where I live.

I went onto Universal Credit but the HMRC reached their hand into it and have taken all my UCredit to claw back money from a disputed overpayment of Working Tax Credits from many years ago.

So, I am left with contributions based ESA, £77 / week, which covers food and meds. But with nothing to pay the rent (£500 / month).

I see that the route to claiming "income-based ESA" is through PIP (Personal Independence Payment) or DLA (Disability Living Allowance).

... I have three disabilities; back back, depression, anxiety... I have doctors notes to prove it to whoever I need to show it to.

I really need help knowing which one to choose.  I am concerned that the DWP might steer me away from benefits that give out more money to live on. Hence I have decided to post here.

Any help would be greatly appreciated.

whizzywoo

Katers_83 said:

Hi peeps,

I was injured over a year ago and lost my job as a result.  I am on "Contributions-based ESA", but this is not enough to pay the rent in the self contained flat where I live.

I went onto Universal Credit but the HMRC reached their hand into it and have taken all my UCredit to claw back money from a disputed overpayment of Working Tax Credits from many years ago.

So, I am left with contributions based ESA, £77 / week, which covers food and meds. But with nothing to pay the rent (£500 / month).

I see that the route to claiming "income-based ESA" is through PIP (Personal Independence Payment) or DLA (Disability Living Allowance).

... I have three disabilities; back back, depression, anxiety... I have doctors notes to prove it to whoever I need to show it to.

I really need help knowing which one to choose.  I am concerned that the DWP might steer me away from benefits that give out more money to live on. Hence I have decided to post here.

Any help would be greatly appreciated.

You cannot make a new claim for DLA.  If you live in England or Wales you can try claiming PIP, it is not means tested.  If you live in Scotland then the disability benefit to claim is Adult Disability Payment.

You should read up on the subject first.  It's not just a question of sending in doctors notes.  It depends on how your disabilities affect your ability to do certain things.

I'm not sure of the best websites to get good knowledge of them but someone else with more experience than me will come along to advise you.

poppy12345

For working age people it's no longer possible to claim DLA. PIP has replaced this. Whether you're entitled to anything will totally depend on how your conditions affect you against the PIP descriptors. See link. https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/pip-9-table-of-activities-descriptors-and-points.pdf

If your ESA claim started after end of December 2018 then it will be New style ESA, which is a contributions based benefit only. It's not possible to claim any Income Related ESA because this has been replaced by UC. Claiming PIP has nothing to do with entitlement to Income Related ESA because it doesn't exist.

Katers_83 said:

I went onto Universal Credit but the HMRC reached their hand into it and have taken all my UCredit to claw back money from a disputed overpayment of Working Tax Credits from many years ago.

When you were claiming UC your ESA would have been deducted in full.  You mention your rent is £500 are you living with parents or renting from a family member? What elements exactly did your UC include? Have you reported your health condition for UC and sent a fit note?

Have you had a work capability assessment yet for your ESA claim?

HillStreetBlues

Katers_83 said:

I went onto Universal Credit but the HMRC reached their hand into it and have taken all my UCredit to claw back money from a disputed overpayment of Working Tax Credits from many years ago.

If you are currently paying them back, ring the overpayment department and ask for an reduced amount to be taken each month.
 

HillStreetBlues

Katers_83 said:

So, I am left with contributions based ESA, £77 / week, which covers food and meds. But with nothing to pay the rent (£500 / month).

Not sure what benefits you do claim as bit unclear.
If you do get UC you should get free prescriptions if you are not working.

If not  try via low income
 https://www.nhs.uk/nhs-services/help-with-health-costs/nhs-low-income-scheme-lis/

Nelliegrace

The PIP requirements are quite specific, things like can you cook a meal, dress yourself, walk a certain distance, manage your affairs. Most of them you can manage because you have to, you learn and adapt. I found the telephone discussion about claiming PIP helpful. 

Some of the questions seem gender biased. DH who is reasonably fit, could answer honestly that he cannot cook a meal. 
Most older women could cook, they would turn up in A&E almost moribund and when asked why they delayed would say, they had to do his dinner first. It could have been put on a several gravestones. 

Newcad

You can no longer make a new claim for Income Related ESA, you have to claim UC instead*.

You can no longer make a new claim for DLA (unless its for a child) you have to claim PIP instead.
To claim PIP you will need to have an assessment of how your conditions affect your abilities for 'Daily Living' and 'Mobility'

However what you say about UC is not right.

If you are claiming UC they can recover overpaid Tax Credits from it - but they are not allowed to take all your UC to recover overpaid Tax Credits.

Generally, unless there is something you haven't mentioned, that recovery is 15 per cent of your Standard Allowance.
That's the basic amount of Universal Credit you are entitled to before extra money for things like housing costs are added.
UC Housing Element for rent would not be reduced to pay off Tax Credits.
If the recovery is causing you hardship that you can ask for that recovery rate to be reduced, or even suspended.

Have you declared your rent to UC? Is a Housing Element included in your UC?

Next:
*Have you had a Work Capability Assessment yet for your CB ESA?
Your figure of £77/week say either you haven't one yet, or you have and were awarded the Work Related Activities Group.
Unless you are awarded Support Group CB ESA only lasts for 12 months and then stops paying - so when did you claim ESA?
Once you have been assessed and awarded an ESA group it also applies in UC.
If you are awarded ESA WRAG that is also applied as LCW in UC and you don't have to look for or apply for jobs.
If you are awarded ESA Support Group that is also applied as LCWRA in UC and pays extra money with UC.

So you should be entitled to UC, even if it is reduced to pay back overpaid Tax Credits.
Unless there is something that you havent mentioned.

Spoonie_Turtle

Nelliegrace said:

Some of the questions seem gender biased. DH who is reasonably fit, could answer honestly that he cannot cook a meal. 
Most older women could cook, they would turn up in A&E almost moribund and when asked why they delayed would say, they had to do his dinner first. It could have been put on a several gravestones. 

No, it's a notional test of whether you are physically and mentally capable of cooking if you had to. 

It specifically excludes not cooking because you've just never tried or have someone to do it for you.  The only situation in which not knowing how to cook counts towards PIP is if someone is actually unable to learn how to do it.

Nelliegrace

There, and I was asked if I could peel potatoes!

It must be difficult to find all of the right questions to assess if someone needs to receive financial assistance or if they just want it. 

I decided that it was not right for me. 

poppy12345

Nelliegrace said:

It must be difficult to find all of the right questions to assess if someone needs to receive financial assistance or if they just want it.

It has nothing to do with anyone needing financial assisstance. PIP isn't means tested and you could be a millionaire and still be entitled to it.

ayupmeduck

Nelliegrace said:

There, and I was asked if I could peel potatoes!

It must be difficult to find all of the right questions to assess if someone needs to receive financial assistance or if they just want it. 

I decided that it was not right for me. 

You are assessed on physically/cognitively being able to prepare a simple meal from fresh ingredients, chopping and peeling etc I think you are making it gender based.