UC switch and disablity advice?

Hello

We received a pamphlet from the benefits mentioning the switch over to UC, we are just awaiting the letter to confirm the date we have to claim by so I have a few questions that I would be greatful if anyone could help me with? Also apologies in advance if there are to many questions.

We currently claim IS as a couple in my name, I'm also the carer of my partner and recieve CA, she recieves high rates of PIP in both mobility and care.

Questions:-

1) Should I make the claim in my name for us both as I currently do with the IS or is there a better way to do it such as claiming in her name?

2) What will the process be once we recieve the date we have to claim by? What I mean is, I obviously have to make the claim for UC but as my partner is disabled what happens? Shes not fit for work but as I claim carers allowance for her I wont be asked to look for work so will she be expected to look for work as soon as we claim UC?

3) I know about the UC50 form but is it a part of the UC claim or is it a seperate thing altogether thats done on the same claim or has to be made a different way?

4) We have all the evidence to support her PIP claim back from 2017 in which she recieved high care and mobility not to be reviewed until after 2027 as as she suffers from all the same ailments Rhematoid Arthritis, Diabetes type 1, anxiety, depression, high BP etc so will I be able to use this or do I have to redo all this evidence process again? I wont ramble on about why shes no better!

She was also just recently diagnosed with Diverticuar disease and a hernia! (I'm not sure why I included all this info but I hate leaving things out) I also understand I will need to ask the docs if they can provide a new print off of all her meds she takes but the hassle of getting all the evidence again sounds daunting. I wrang the hospital today requesting if her RA specialist or receptionist can redo a letter and they said it has to be requested in writing and I also wrang her docs and they said it all has to be done online now! These were done with just a phone call in 2017!

5) Our 19 year old son lives with us and works about 20 hours per week so does this affect our claim in anyway? We are allowed the extra bedroom due to her disablity,

6) Are face to face interviews back for the UC50 claim process or is all this still done over the phone now?

7) Once the UC claim is done and we start to recieve it, do we have to pay the rent and council tax or is it still paid directly out of the money we are entitled to? (We currently recieve full rent and council tax reduction so dont pay anything) The reason I ask is due to the calculators stating we get less money being on UC but I wasn't sure if we have to now pay our own rent and ct or if they still directly pay it for us? I'm totally lost with how this all works now?

8) Any other advice that you think would be helpful?

Apologies again for the length of this post and all the questions, if any help can be given it would be very much appreciated.

Many thanks

J

Comments

  • poppy12345
    poppy12345 Posts: 17,750
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    1/ You will both need to start the claim. Then one of you will receive a linking code to join both claims together. She will need to make sure she reports her health condition and provides a fit note within 7 days of this, this will then start the WCA process off and she should be referred on around 29 days after claiming. She needs to continue to send fit notes without any gaps until a decision is made on the WCA.

    2/ Once you receive the letter you will have 3 months to claim, if you don't claim within this time then your existing benefits will end.

    3/ The UC50 for the WCA is part of UC. She'll be classed as a job seeker until a decision is made on the claim. It's a work coaches discretion to either turn off or reduce commiments.

    4/ When you claim you will need to make sure you report being her carer and your UC will include the carers element. Carers allowance will be deducted in full from any UC entitlement.

    5/ As she's claiming PIP there will be no non dependant deductions from your UC.

    6/ Most assessments are by telephone, some are face to face and video.

    7/ Your UC will include help with the rent known as housing element and yes they can pay your LL directly from your UC payments. CTR isn't part of UC.

    8/ Once you do claim UC as part of managed migration you won't be any worse off because transitional protection will be in place to make sure you're not worse off. However, this will erode over time so if other elements increase then TP decreases.
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 8,192
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    edited 25 September 2023 at 8:21PM
    ancojo2 said:
    We currently claim IS as a couple in my name, I'm also the carer of my partner and recieve CA, she recieves high rates of PIP in both mobility and care.

    Questions:-

    1) Should I make the claim in my name for us both as I currently do with the IS or is there a better way to do it such as claiming in her name?

    2) What will the process be once we recieve the date we have to claim by? What I mean is, I obviously have to make the claim for UC but as my partner is disabled what happens? Shes not fit for work but as I claim carers allowance for her I wont be asked to look for work so will she be expected to look for work as soon as we claim UC?

    3) I know about the UC50 form but is it a part of the UC claim or is it a seperate thing altogether thats done on the same claim or has to be made a different way?

    4) We have all the evidence to support her PIP claim back from 2017 in which she recieved high care and mobility not to be reviewed until after 2027 …

    5) Our 19 year old son lives with us and works about 20 hours per week so does this affect our claim in anyway? We are allowed the extra bedroom due to her disablity,

    6) Are face to face interviews back for the UC50 claim process or is all this still done over the phone now?

    7) Once the UC claim is done and we start to recieve it, do we have to pay the rent and council tax or is it still paid directly out of the money we are entitled to? (We currently recieve full rent and council tax reduction so dont pay anything) The reason I ask is due to the calculators stating we get less money being on UC but I wasn't sure if we have to now pay our own rent and ct or if they still directly pay it for us? I'm totally lost with how this all works now?

    8) Any other advice that you think would be helpful?
    Does your wife claim ESA?  I assume not due to no mention of it but if she does then you can ignore the forthcoming references to a WCA.

    1) It is a joint claim.  You each claim and get a living code to link the two claims.  I've not done it seen it myself so either one of the other regular posters will be able to help out or the letter you'll get might explain.

    2) I'm not sure, but the following may partially answer …

    3) the UC50 is part of having a Work Capability Assessment, part of UC.  Your wife should get a fit note from her GP and you should report her health condition from the start and upload the fit note.  
    Technically all that's needed is 'medical evidence' to start the WCA process but realistically they only accept fit notes.  It's quicker and easier to do that than to fight them.

    3/4) the WCA process should be as follows:
    Report health condition and upload fit note at the start of the claim.
    28 days later, work coach refers for a WCA.
    Receive the UC50 form.
    Fill in and return UC50 with medical evidence (just use the same as for PIP along with anything new to add) within 1 month from the date on the form.
    Have an assessment (probably.  No timescale known in advance).
    Get decision, hopefully the appropriate decision otherwise the process to challenge it is the same as for PIP, Mandatory Reconsideration and possibly Tribunal if need be.

    In the meantime, before the outcome of your wife's WCA, the work coach has discretion to turn off her work search requirements.  You are correct that you won't have any due to being her carer.

    5) no effect.  You might need to upload evidence for being allowed the second bedroom in the housing element (I assume you currently claim Housing Benefit?), others will be better able to advise.

    6) I'm not sure.  

    7) AFAIK you will get the rent element in your UC and will have to pay your rent, unless you have certain exceptional circumstances.  Not sure if managed migration changes this at all but I haven't heard anything about it. 
    Your claim for help with Council Tax is through your council so that should stay the same.  I'm not sure if you have to tell them you've changed from claiming legacy benefits to claiming UC.

    8) Download a copy of your UC statement every month.  If they make a mistake they will overwrite the original statement when they correct the mistake, so it's useful to have a copy of the original as proof of what happened, just in case.
    Your wife will need to supply fit notes without gaps to cover the whole time until her WCA decision. 
  • poppy12345
    poppy12345 Posts: 17,750
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    Does your wife claim ESA?

    No, as mentioned here.
    ancojo2 said:

    We currently claim IS as a couple in my name
  • 1/ You will both need to start the claim. Then one of you will receive a linking code to join both claims together. She will need to make sure she reports her health condition and provides a fit note within 7 days of this, this will then start the WCA process off and she should be referred on around 29 days after claiming. She needs to continue to send fit notes without any gaps until a decision is made on the WCA.

    2/ Once you receive the letter you will have 3 months to claim, if you don't claim within this time then your existing benefits will end.

    3/ The UC50 for the WCA is part of UC. She'll be classed as a job seeker until a decision is made on the claim. It's a work coaches discretion to either turn off or reduce commiments.

    4/ When you claim you will need to make sure you report being her carer and your UC will include the carers element. Carers allowance will be deducted in full from any UC entitlement.

    5/ As she's claiming PIP there will be no non dependant deductions from your UC.

    6/ Most assessments are by telephone, some are face to face and video.

    7/ Your UC will include help with the rent known as housing element and yes they can pay your LL directly from your UC payments. CTR isn't part of UC.

    8/ Once you do claim UC as part of managed migration you won't be any worse off because transitional protection will be in place to make sure you're not worse off. However, this will erode over time so if other elements increase then TP decreases.

    Many thanks for the replies, can you please answer a couple more questions?

    1) Should she ask her Doc for a "Fit note" now or when we are about to start the claim and how long are fit notes for, a week, month?

    2) In question 4 I mention about evidence we already have from her PIP claim in 2017, please can you have a quick read over it and let me know your thoughts?

    3) If she is deemed unfit for work how does this affect our money if at all?

    Hope you dont mind my little rant (Its not aimed at anyone here) I'll be honest I do find it strange that my disabled partner whom I care for could be the one asked to look for work until a decision has been made unless the work coach says she doesn't have to? I just find this a bit puzzling as surely they should wait until the decision is made because I can only imagine the stress this is going to put on her if the coach decides they want to see her every week to look for work! I'm just not sure what work exactly she could look for and now wonder about sanctions etc if she hasn't been fullfilling what ever roll they deem her capable of doing until the decision!

    Also if I'm reading your answer 8 correctly it basically says that we will be worse off over time due to the erotion effect? This also puzzles me and also proves that the switch to UC is making people worse off! The benefit calcuation quote is about an £80 difference weekly worse off, thats crazy!

    Many thanks again for all the help, its very much appreciated and sorry for the little rant.

    J


  • poppy12345
    poppy12345 Posts: 17,750
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    I can’t understand how the benefits calculator suggests that you will be £80/week worse off if you claimed now. It’s possible that you’ve filled out the benefits calculator incorrectly.

    1/ You will need to wait to ask for a fit note once you’re about to claim UC and not before. A fit note can be for any length of time.

    2/ You can send any relevant evidence you have for the work capability assessment. 

    3/ If she’s found to have LCWRA then you will receive an extra £390.06/month from the 4th month after you reported the health condition. However, the total amount extra you will receive will depend on how much the TP is because with the LCWRA element it’s possible that any TP will erode completely so it doesn’t mean you will be this amount better off.

    4/ The reason why you will not need to look for work is because you are a carer and will have no work requirements. 

    I won’t comment any further on your partner being classed as a job seeker because the forum is for help with benefits entitlement and not about benefits policy. 
  • Poppy thankyou so much for your quick replies and help, sorry for rambling on about whats I thinks right and wrong.

    Have a nice night

    J
  • Robbie64
    Robbie64 Posts: 1,930
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    edited 26 September 2023 at 7:47PM
    I can’t understand how the benefits calculator suggests that you will be £80/week worse off if you claimed now. It’s possible that you’ve filled out the benefits calculator incorrectly.

    1/ You will need to wait to ask for a fit note once you’re about to claim UC and not before. A fit note can be for any length of time.

    2/ You can send any relevant evidence you have for the work capability assessment. 

    3/ If she’s found to have LCWRA then you will receive an extra £390.06/month from the 4th month after you reported the health condition. However, the total amount extra you will receive will depend on how much the TP is because with the LCWRA element it’s possible that any TP will erode completely so it doesn’t mean you will be this amount better off.

    4/ The reason why you will not need to look for work is because you are a carer and will have no work requirements. 

    I won’t comment any further on your partner being classed as a job seeker because the forum is for help with benefits entitlement and not about benefits policy. 
    The £80 a week worse off calculation will be due to the loss of the Disability Premium (£56.80 per week for a couple) and Enhanced Disability Premium (£27.90 per week for a couple), paid in Income Support, because his partner is in receipt of the enhanced daily living rate of PIP. The total of the two premium payments is £84.70 per week. The transitional payment should protect the amount of benefit in payment when a transfer from IS to UC happens.

    As you mentioned, if the partner submits fit notes once a UC claim is made then if she is found to have limited capability for work and work related activity then UC will increase by £390.06 per month which will offset any loss of the two premium payments. It would end any transitional protection payments that are being made to make UC up to the level of IS that was in payment as the LCWRA payment is higher than the two premium amounts added together.


  • poppy12345
    poppy12345 Posts: 17,750
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    Thanks Robbie, i totally overlooked the disability premiums!
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