Migration to UC - What Should Happen with My 18 year old Special Needs Child?

deannagone

I am absolutely certain about this.., and UC had to correct a mistake once they were given their statement. It was a very rough period for them.  His gf had previously claimed UC as a single person.  I was sending money to enable them to buy food and I believe they were given a loan.  It is in the past, it wasn't a migration like my situation is.  He had been claiming ESA and DLA but when he moved to a new area to live with his gf, had to put in a claim for Universal Credit.  I guarantee there was no payment after 1 month and 6 days, or even close. 

 I am sorry was just explaining why I am concerned but do take on board that hopefully that won't happen in my case.

poppy12345

There must be more to this that you say there is because assessment periods last for 30 days each month and payment is always 7 days after the last day of your assessment period. (if there's entitlement) This applies to all UC claims and not just managed migration. 

Rubyroobs

I can't see that anyone has mentioned this ( forgive me if they have ) but as you are currently on IS and PIP you will not have gone through a work capability assessment ? Whilst you will have no work commitments on Uc due to being a carer, it would be beneficial for you to hand in sick notes to Uc and wait to be assessed for work capability. If awarded LCWRA ( Limited capability for work and work related activity) this will give you more money than the carers element ( you cannot get both ). It can take a few months to be assessed for work capability. When you make the UC claim, make sure you declare your health conditions/ disabilities in the health section and then hand in sick notes and wait to be sent the UC50 form. This is for your own health conditions, not your son's.

poppy12345

Rubyroobs said:

I can't see that anyone has mentioned this ( forgive me if they have ) but as you are currently on IS and PIP you will not have gone through a work capability assessment ? Whilst you will have no work commitments on Uc due to being a carer, it would be beneficial for you to hand in sick notes to Uc and wait to be assessed for work capability. If awarded LCWRA ( Limited capability for work and work related activity) this will give you more money than the carers element ( you cannot get both ). It can take a few months to be assessed for work capability. When you make the UC claim, make sure you declare your health conditions/ disabilities in the health section and then hand in sick notes and wait to be sent the UC50 form. This is for your own health conditions, not your son's.

Don't forget that if found to have LCWRA then the additional money will only erode the TP so may not be any better off but it will depend on the figures. 

Yamor

poppy12345 said:

Rubyroobs said:

I can't see that anyone has mentioned this ( forgive me if they have ) but as you are currently on IS and PIP you will not have gone through a work capability assessment ? Whilst you will have no work commitments on Uc due to being a carer, it would be beneficial for you to hand in sick notes to Uc and wait to be assessed for work capability. If awarded LCWRA ( Limited capability for work and work related activity) this will give you more money than the carers element ( you cannot get both ). It can take a few months to be assessed for work capability. When you make the UC claim, make sure you declare your health conditions/ disabilities in the health section and then hand in sick notes and wait to be sent the UC50 form. This is for your own health conditions, not your son's.

Don't forget that if found to have LCWRA then the additional money will only erode the TP so may not be any better off but it will depend on the figures. 

In fact, if you have TP you could be worse off by getting LCWRA.

The entire LCWRA element will erode the TP, but on the other side you'll only be getting extra the difference between the Carer Element and the LCWRA element

Rubyroobs

Yamor said:

poppy12345 said:

Rubyroobs said:

I can't see that anyone has mentioned this ( forgive me if they have ) but as you are currently on IS and PIP you will not have gone through a work capability assessment ? Whilst you will have no work commitments on Uc due to being a carer, it would be beneficial for you to hand in sick notes to Uc and wait to be assessed for work capability. If awarded LCWRA ( Limited capability for work and work related activity) this will give you more money than the carers element ( you cannot get both ). It can take a few months to be assessed for work capability. When you make the UC claim, make sure you declare your health conditions/ disabilities in the health section and then hand in sick notes and wait to be sent the UC50 form. This is for your own health conditions, not your son's.

Don't forget that if found to have LCWRA then the additional money will only erode the TP so may not be any better off but it will depend on the figures. 

In fact, if you have TP you could be worse off by getting LCWRA.

The entire LCWRA element will erode the TP, but on the other side you'll only be getting extra the difference between the Carer Element and the LCWRA element

So what's the answer ? Should people in this situation not report their health conditions ? What if their child lost their PIP or no longer needed 35 hours care a week. Then op would be expected to look for work ?

deannagone

I will probably list my health conditions, I'd rather be straight about it all, but you raise interesting points to think about. Its the 'so many interconnecting things' aspect of UC that my brain just goes on strike when trying to figure things out lol.

Thank you for your comments.

Yamor

Rubyroobs said:

Yamor said:

poppy12345 said:

Rubyroobs said:

I can't see that anyone has mentioned this ( forgive me if they have ) but as you are currently on IS and PIP you will not have gone through a work capability assessment ? Whilst you will have no work commitments on Uc due to being a carer, it would be beneficial for you to hand in sick notes to Uc and wait to be assessed for work capability. If awarded LCWRA ( Limited capability for work and work related activity) this will give you more money than the carers element ( you cannot get both ). It can take a few months to be assessed for work capability. When you make the UC claim, make sure you declare your health conditions/ disabilities in the health section and then hand in sick notes and wait to be sent the UC50 form. This is for your own health conditions, not your son's.

Don't forget that if found to have LCWRA then the additional money will only erode the TP so may not be any better off but it will depend on the figures. 

In fact, if you have TP you could be worse off by getting LCWRA.

The entire LCWRA element will erode the TP, but on the other side you'll only be getting extra the difference between the Carer Element and the LCWRA element

So what's the answer ? Should people in this situation not report their health conditions ? What if their child lost their PIP or no longer needed 35 hours care a week. Then op would be expected to look for work ?

It's a big problem, and ripe for a legal challenge, if someone wants to take it up! There was a similar case which the government lost recently where the claimant moved to regular accommodation from temporary/specified accommodation, so their UC increased (as temporary/specified accommodation is paid for via Housing Benefit, not UC), and they lost their Transitional Element because of that, despite not getting extra benefit overall.

Yamor

Yamor said:

Rubyroobs said:

Yamor said:

poppy12345 said:

Rubyroobs said:

I can't see that anyone has mentioned this ( forgive me if they have ) but as you are currently on IS and PIP you will not have gone through a work capability assessment ? Whilst you will have no work commitments on Uc due to being a carer, it would be beneficial for you to hand in sick notes to Uc and wait to be assessed for work capability. If awarded LCWRA ( Limited capability for work and work related activity) this will give you more money than the carers element ( you cannot get both ). It can take a few months to be assessed for work capability. When you make the UC claim, make sure you declare your health conditions/ disabilities in the health section and then hand in sick notes and wait to be sent the UC50 form. This is for your own health conditions, not your son's.

Don't forget that if found to have LCWRA then the additional money will only erode the TP so may not be any better off but it will depend on the figures. 

In fact, if you have TP you could be worse off by getting LCWRA.

The entire LCWRA element will erode the TP, but on the other side you'll only be getting extra the difference between the Carer Element and the LCWRA element

So what's the answer ? Should people in this situation not report their health conditions ? What if their child lost their PIP or no longer needed 35 hours care a week. Then op would be expected to look for work ?

It's a big problem, and ripe for a legal challenge, if someone wants to take it up! There was a similar case which the government lost recently where the claimant moved to regular accommodation from temporary/specified accommodation, so their UC increased (as temporary/specified accommodation is paid for via Housing Benefit, not UC), and they lost their Transitional Element because of that, despite not getting extra benefit overall.

I have just now seen that there's already a case before the Upper Tribunal on this point, so hopefully we will get clarity soon...