Help with Universal Credit application please

Annie2347

Hello,

I would be grateful for any help and advice  with my adult son’s migration from income support and housing benefit to universal credit. He receives carers allowance for looking after me.

My son has Hashimotos that has been under medicated since his diagnosis in 2013. A high dose of levothyroxine tablets  gave side effects of gastrointestinal pain, numbness and tingling in his face and dragging sensation at the side of his mouth. The gp advised him to just take a lower dose of 50mcg.

In 2023, a new gp at the surgery came to the house to do blood tests and my son was found to be severely hypothyroid. Severe hypothyroidism can result in a coma and death. 

The symptoms my son has of severe fatigue, vertigo, IBS, severe anxiety, agoraphobia, chest pains, breathlessness, depression, are all symptoms of being hypothyroid. 

He was prescribed liquid levothyroxine but this gave him the same side effects as above, plus chest pains so he stopped taking it and advised the GP.

He is back onto the very low 50mcg dose and is very hypothyroid. The only other option is a T3 drug but it is rarely prescribed on the NHS as it is too expensive and hasn’t been offered by our GP.

Would this situation qualify in the “suffering from a severe life threatening disease” exceptional circumstance?

I know my son doesn’t need to attend any job related interviews as he is a carer but I’m thinking ahead when I’m not around.

I haven’t started completing the form for my son, he can’t as he can’t concentrate due to severe fatigue and anxiety. 

Will my son need a fit note, he has never worked as he became ill and had to stop studying?

What information does the fit note contain?

Our drs are new to us as our gp retired so I want to make sure they have the full picture of my son’s health. I was going to write a detailed letter but read that if I do it would go against my son if he had to appeal? 

I would be grateful for any advice. Thank you 

Spoonie_Turtle

Would this situation qualify in the “suffering from a severe life threatening disease” exceptional circumstance?

No, the special rules are for people nearing the end of terminal illnesses
https://www.gov.uk/government/publications/dwp-factual-medical-reports-guidance-for-healthcare-professionals/the-special-rules-how-the-benefit-system-supports-people-nearing-the-end-of-life

The fit note should contain details of his health condition(s) that affect his ability to work.  It will likely say he is not fit to work, but the DWP decision is all that matters when it comes to the Work Capability Assessment.

Just to check, what form have you started filling in for him?  The UC claim or a UC50 health form?

I don't know why a letter of support would go against his claim.


As an aside, if he hasn't looked into fighting for appropriate medication it can sometimes be done.  I'm not entirely sure how one would start the process though, and I do understand some fights require energy (mental, emotional, as well as physical) we just don't have.

Annie2347

Hi, I was going to start competing the UC claim form but wanted to contact his dr first to get medical support.

Thank you for your reply and help. 

xxxxxxxx

Has Income Support finished? 

You are asking about LCW Schedule 8 descriptor:

Life threatening disease

5.  The claimant is suffering from a life threatening disease in relation to which—

(a)there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and

(b)in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure.


This is very rarely used, but if you needed to, you could theoretically argue for it on appeal.

Work Capability Assessment (WCA) handbook (publishing.service.gov.uk)

Page 147 

3.8.1 Life Threatening, Uncontrolled Disease.

1. The claimant is suffering from a life threatening disease in relation to which 

(a) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure, and 

(b) in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure. 

This non-functional descriptor (relating to life threatening disease) is very specific in its wording and all the evidence must be carefully considered before applying this non-functional descriptor. Any advice given to the Decision Maker that application of this NFD is appropriate must be in keeping with an up to date consensus of medical opinion. It should be noted that this NFD only applies to LCW and not LCWRA i.e. it would still be considered reasonable for the person to engage in WRA. 

For example when considering hypertension, 

 A claimant who attends the AC with no previous history of hypertension and on no treatment where the blood pressure is measured and found to be high would not fulfil criteria for this NFD as there is no evidence that their disease is uncontrollable.

 However, where a claimant who attends a tertiary referral centre and whose condition, despite intensive intervention, remains severe and uncontrolled and is life-threatening, would be considered as satisfying the criteria for this NFD to be applied. Another example of where this NFD may apply is in those with Motor Neuron Disease (MND). If the condition has not progressed to a level where there is significant functional impairment, a non functional descriptor would be applicable, as the implication of having a diagnosis of MND is severe. Given there is no form of “treatment” to prevent progression it would be appropriate for this NFD to be applied.

I suggest if you want to argue for this descriptor his consultant would need to write a letter of evidence explaining that it is uncontrolled, why it is uncontrolled and that the uncontrollability is life threatening.

Can he walk 200m or more without stopping? 

Annie2347

Thank you for your help.

 My son can’t walk more than round our small flat. He has severe fatigue, severe anxiety, depression, panic attacks, vertigo, agoraphobia, IBS, pain in his calves and legs. He can’t talk on the phone to anyone as he’s so anxious. 

I’ve not started any application and my son is still receiving income support. 

Spoonie_Turtle

Annie2347 said:

Thank you for your help.

 My son can’t walk more than round our small flat. He has severe fatigue, severe anxiety, depression, panic attacks, vertigo, agoraphobia, IBS, pain in his calves and legs. He can’t talk on the phone to anyone as he’s so anxious. 

I’ve not started any application and my son is still receiving income support. 

Has he had the migration letter?  If so his claim needs to be submitted by the deadline so he doesn't lose out on any potential transitional protection.

The reason I asked to clarify which form you meant is they won't refer him for a WCA until day 29 after reporting his health condition (i.e. the day his claim is submitted), so even if the UC50 health form were filled out in advance it wouldn't be able to be sent anywhere until they've done the referral anyway. 

For the initial UC claim, it will help to have a fit note ready to go, but as long as it can be obtained within a few days of pressing 'submit' and backdated to cover the date his claim is submitted, it'll be fine.

Annie2347

Thank you for your help. I’m hoping to get a medical support letter in the next week or two and have it ready for when I apply on his behalf for universal credit. Do I upload medical support/fit note digitally with the universal credit application?

My son received the migration letter in the middle of June. The deadline to have the application in is the 4th September. Does that include the WCA form to be submitted by the 4th September?

Apologies for all the questions but I have severe M.E and have problems concentrating and understanding.

Thank you for all your help. 

poppy12345

When you claim UC for him you need to make sure you report he's a carer. His UC will then include carers element. Once a decision is made on the WCA if found to have LCWRA then both elements can't be paid to the same person so he would receive the higher element, which is LCWRA.

Carers allowance will be deducted in full. 

Annie2347

Thank you for your help poppy12345 I really appreciate it. 

Robbie64

This is just my personal opinion so I'm not suggesting you do this and others might also disagree with what I would do: if I were your son / yourself helping your son I would get your son onto Universal Credit as a carer first before beginning to go down the route of having him submit fit notes / undergo a work capability assessment etc. You / your son might want to pursue the route of submitting fit notes from the outset but I think it might add an unnecessary complication when what is needed is to get your son onto UC and get the benefit up, running and in payment. Once the benefit is in payment then he could start to submit fit notes.

I just think that trying to do too many things at the start of a claim makes it more likely that a complication or snag in the process might happen. I'd be interested to read what others think.

xxxxxxxx

Does he get PIP Daily Living or DLA Care?
Do you both live together and alone?
Does he get Severe Disability Premium on Income Support?

I disagree with above, you should declare his health conditions on the claim form and state it does affect his ability to work. 
And state he cares for someone 35+hours a week and that person cared for is you and he is paid Carer's Allowance.

Of course if there is a deadline to apply for UC and you can get a fit note before the deadline, then do this and declare the fit note in the UC claim.  But if you cannot get a fit note before the deadline, then make the UC claim before the deadline, without the fit note, but still declaring the health conditions... this is then a self certificate fit note.

The application form for UC will ask
do you have health conditions? = YES
What are your health conditions?
Do they affect your ability to work? = YES
Do you have a fit note? ---> if you say yes it will ask for the dates of the fit note, and that is all you have to do, you don't have to upload the fit note. But thereafter when fit note expires you have get a new one and then click on "Report a Fit Note"... again you only have to give the dates of the fit note you do not have to upload it.
UC will tell you in the journal when the health assessment has started and you will then get the medical form in the post within a week of that Journal Message.

If he eventually gets LCWRA on UC it will then be (or should be) awarded from day 1 of UC (with a relevant period) because you reported the illness on day 1 and either provided an actual fit note or a declared self certificate.

Ask the GP for fit notes to be as long as possible, so you will not have to keep renewing them. A GP can issue any length of fit note... i.e.  3 month, 6 month, 1 year, 2 year or indefinite fit notes, the longer it is, the better it will be for you and his UC claim. Because you have to renew the fit note as soon as it expires or UC will end the health referral.