Migrating to UC problems

tomtom256

Depending on how long ago you made the claim, the two systems, ESA and UC may not have been updated as it's a manual process as they do not communicate with each other.
As you have LCWRA you cannot be deemed to be gainfully self-employed anyway and there was talk of the letter being updated, as it's written for people who are expected to work based on their circumstances and the DWP used a onsize fit's all letter that isn't fit for purpose, as it doesn't relate to anybody with no work expectations.
This has now been changed to a journal message I beleive, but I haven't seen the new message yet.

TimeLord1

If you're on contribution related ESA then that stays outside of Universal credit and savings limit isn't capped also you pass under special circumstances having cancer diagnosis so, you probably ended up with a phone jockey with little training on the subject. You should contact cancer charity for help but how far down the Universal Credit process you currently are will determine if you will have New Style ESA are you renting or own a property Link is for Macmillan ? https://www.macmillan.org.uk/diagnosed-with-cancer?&infinity=ict2~net~gaw~ar~647344072772~kw~dealing%20with%20cancer%20diagnosis~mt~b~cmp~g_ps_dia_uk_gen_diagnosis~ag~emotional+support&gad_source=1&gclid=cjwkcaiamsurbhbveiwa6e-wphmzanmngpto6k8urmfv6lacpd9ux4oiypsyh9vltdfegcjhqo6y7xocre0qavd_bwe&gclsrc=aw.ds

DressingDown

Thank you. They also told me go to a job centre to prove my savings. I said I was unable as immuno suppressed  so now they want to send someone to the house to view my proof of savings. I offered to upload everything but they have refused. I said ok but am now concerned that the person coming to house will be infectious etc which is a huge risk. Plus it’s stressful. Do I have to accept them coming?
 

Also I stated on the UC form that I have part ownership of a property I do not live in. This was supposed to be a second home and pre-dates my CTC claim; ex lives there so obviously I can’t rent it out. Have not divorced yet. The kids live with me but go to him regularly, especially when I am unwell after chemo. We are separated but not divorced. Does this ownership - or the money he pays me once a month* so that I can keep a roof over the kids heads - mean I cannot get UC - or will I get it for the 12 protected months no matter what? 

* he pays me an informally agreed amount once per month and I pay for everything using that and CTC. All bills are only in my name inc council tax etc and I am the only one on the ER. 

Spoonie_Turtle

DressingDown said:

Thank you. They also told me go to a job centre to prove my savings. I said I was unable as immuno suppressed  so now they want to send someone to the house to view my proof of savings. I offered to upload everything but they have refused. I said ok but am now concerned that the person coming to house will be infectious etc which is a huge risk. Plus it’s stressful. Do I have to accept them coming?
 

Also I stated on the UC form that I have part ownership of a property I do not live in. This was supposed to be a second home and pre-dates my CTC claim; ex lives there so obviously I can’t rent it out. Have not divorced yet. The kids live with me but go to him regularly, especially when I am unwell after chemo. We are separated but not divorced. Does this ownership - or the money he pays me once a month* so that I can keep a roof over the kids heads - mean I cannot get UC - or will I get it for the 12 protected months no matter what? 

* he pays me an informally agreed amount once per month and I pay for everything using that and CTC. All bills are only in my name inc council tax etc and I am the only one on the ER. 

Give them a good mask to wear (FFP2 or higher), wear one yourself, and take all other precautions you reasonably can - maybe an air purifier if you have one, but distancing from them and ventilation should be doable. 
[It's good to think about what precautions you would take if you needed any work done in the house which would need people to come inside.]

I don't know what you could do if they have symptoms though, whether there's any way of being outside so they don't bring whatever they have - covid or otherwise - into your house.

Your share in the other property is included in capital that is disregarded for the 12months.
The money your ex pays, it depends on whether it's classed as spousal maintenance or if it's just an informal gift.

DressingDown

Spoonie_Turtle said:

DressingDown said:

Thank you. They also told me go to a job centre to prove my savings. I said I was unable as immuno suppressed  so now they want to send someone to the house to view my proof of savings. I offered to upload everything but they have refused. I said ok but am now concerned that the person coming to house will be infectious etc which is a huge risk. Plus it’s stressful. Do I have to accept them coming?
 

Also I stated on the UC form that I have part ownership of a property I do not live in. This was supposed to be a second home and pre-dates my CTC claim; ex lives there so obviously I can’t rent it out. Have not divorced yet. The kids live with me but go to him regularly, especially when I am unwell after chemo. We are separated but not divorced. Does this ownership - or the money he pays me once a month* so that I can keep a roof over the kids heads - mean I cannot get UC - or will I get it for the 12 protected months no matter what? 

* he pays me an informally agreed amount once per month and I pay for everything using that and CTC. All bills are only in my name inc council tax etc and I am the only one on the ER. 

Give them a good mask to wear (FFP2 or higher), wear one yourself, and take all other precautions you reasonably can - maybe an air purifier if you have one, but distancing from them and ventilation should be doable. 
[It's good to think about what precautions you would take if you needed any work done in the house which would need people to come inside.]

I don't know what you could do if they have symptoms though, whether there's any way of being outside so they don't bring whatever they have - covid or otherwise - into your house.

Your share in the other property is included in capital that is disregarded for the 12months.
The money your ex pays, it depends on whether it's classed as spousal maintenance or if it's just an informal gift.

Thank you. Good to know about the share in the other property. 

How do I find out how UC rules classify the money my ex pays? I could not find anything online but put it down as spousal maintenance. But it’s not a formal court ordered / divorce agreed spousal maintenance and those are quite rare these days. 

Will the amount he pays be taken off any UC I would otherwise get over the next 12 months? If so I will end up with zero UC. Or is EVERYTHING disregarded for 12 months of transitional protection?

I hate this! The anxiety it causes etc. 

HillStreetBlues

I think I would be tempted to leave a note on my journal saying
 "As I'm immuno suppressed it's reasonable I can't let people into the house as I need to control the environment. But I can hold it the documents against the window for inspection while the person waits outside. This would cover seeing the documents, and any ID check as I would be seen in person, just behind the glass as a screen. I can also upload any documents beforehand if that helps. Thank you  for your understanding in this matter."

Spoonie_Turtle

This is what the guidance says about Spousal maintenance:

"Spousal maintenance

H5080 Maintenance payments for the claimant or partner made by a spouse, civil partner, former spouse or former civil partner¹ should be taken fully into account. This includes payments made
1. under a court order or
2. under an agreement for maintenance (which can be voluntary).
Note: Spousal maintenance is not the same as maintenance paid in respect of a child. Child maintenance is not taken into account as income.
¹ UC Regs, reg 66(1)(d)"

ADM Chapter H5 https://assets.publishing.service.gov.uk/media/64c24287feb3a00013012d84/admh5.pdf

It will really depend on the facts of the case whether it is spousal maintenance, or whether it's also intended to maintain your children.

DressingDown

Spoonie_Turtle said:

This is what the guidance says about Spousal maintenance:

"Spousal maintenance

H5080 Maintenance payments for the claimant or partner made by a spouse, civil partner, former spouse or former civil partner¹ should be taken fully into account. This includes payments made
1. under a court order or
2. under an agreement for maintenance (which can be voluntary).
Note: Spousal maintenance is not the same as maintenance paid in respect of a child. Child maintenance is not taken into account as income.
¹ UC Regs, reg 66(1)(d)"

ADM Chapter H5 https://assets.publishing.service.gov.uk/media/64c24287feb3a00013012d84/admh5.pdf

It will really depend on the facts of the case whether it is spousal maintenance, or whether it's also intended to maintain your children.

Thank you, that’s very helpful. 

I suspect that it’s going to be counted as spousal maintenance.

If that’s the case, will the amount of “spousal maintenance” be deducted from the amount of UC I would otherwise receive for the next 12 months of “transitional protection”? If so, there is no point in continuing the UC claim, as the amount ex gives me is higher than the UC would be. 

kaMelo

If deemed as spousal maintenance then it is classed as unearned income which would reduce your UC by 55 pence for every pound you receive.

Ignore as it was wrong.

DressingDown

kaMelo said:

If deemed as spousal maintenance then it is classed as unearned income which would reduce your UC by 55 pence for every pound you receive.

Thank you. Does this rule apply during the 12 month “transitionary protection” period of time though?