UC after migrated from WTC - now receiving Carers allowance and money stopped

Midnight_Tboy

Hi,

So in the first half of this year, I was migrated from WTC to UC.  This sucked, as UC penalises for having savings, however at least it was guaranteed for a year.

I work full time, my partner does not and cares for our disabled daughter (who we've been battling to receive DLA and now PIP)

My previous month, I was paid £0, I put this down as likely due to my work finally applied a pay rise but had several months of back dated pay, however I noticed that this months is also £0

On checking the details, I see its actually because my partner now receives £354.90 of Carers Allowance, due to the my daughter now finally being in receipt of PIP at high rate (from low rate DLA) after appeal so was able to claim

From what I gather, searching, that UC directly reduces for CA, but I should be on the protected amount rules, where I think its treat as income so only partially affected, so realise now that I need to report this as a change of UC

Once I've found out the exact date for CA, I'm going to update the section " Caring for someone

Includes who you care for, for how many hours a week, and time off from caring"

Do you know if theres anything else I need to complete for this part?

Searching with AI, suggests then that a carers element should be added to the UC, but its so confusing, especially with that my payments should've been protected under the old WTC switch

Midnight_Tboy

Ok, so I've found the dates my partner was given Carers Allowance,
Looks like it was claim attempted from 2nd Oct, but they'll only pay from 7th Oct as has to be on a monday, although she's been caring for our daughter for a long time before then but with daughter on low rate DLA (we (foolishly) left it at thinking "oh well it'll be going to pip soon")

The UC change form says "When did you start providing care for this person?"  I'm not sure if I should be putting the date she started to receive Carers allowance for that, or like several years back, which is the truth, tho actual date hard to say

kaMelo

There are two aspects to transitional protection when migrating to UC. The first, if your maximum UC award calculation on migration day is lower than you were receiving on legacy benefits then you should receive a transitional element on top of your maximum UC award. This element has no end date but it will be eroded due to annual increases or changes to your circumstances. The second is the transitional protection for those with capital in excess of £16,000. Under normal circumstances you would be excluded from means tested benefits with that amount of capital but due to migration rules capital in excess of £16,000 will be disregarded for twelve months.

You can only start claiming you care for someone from the date a qualifying benefit was awarded to the person they are caring for.
Was your wife claiming carers allowance prior to migration and if not it's entirely possible that the increase in UC from the carers element will wipe out the transitional element.

We could really do with more details from your UC statement to work out what, if anything, is going wrong here.

Midnight_Tboy

kaMelo said:

There are two aspects to transitional protection when migrating to UC. The first, if your maximum UC award calculation on migration day is lower than you were receiving on legacy benefits then you should receive a transitional element on top of your maximum UC award. This element has no end date but it will be eroded due to annual increases or changes to your circumstances. The second is the transitional protection for those with capital in excess of £16,000. Under normal circumstances you would be excluded from means tested benefits with that amount of capital but due to migration rules capital in excess of £16,000 will be disregarded for twelve months.

You can only start claiming you care for someone from the date a qualifying benefit was awarded to the person they are caring for.
Was your wife claiming carers allowance prior to migration and if not it's entirely possible that the increase in UC from the carers element will wipe out the transitional element.

We could really do with more details from your UC statement to work out what, if anything, is going wrong here.

Thanks, I've just been looking at the app, I've changed the details of my child now, which was frustrating as had to go through all of the college dates etc again, but saw it was down as her in receipt of low rate DLA on there which now changed to enhanced PIP, so that is done

She has only just been changed from DLA to Pip in the beginning of October (initially at low rate but MR has changed it to enhanced), so my partner only started to claim Carers Allownace from the 7th October.

I do wish that we'd have gone through the motions to reapply for higher rate DLA ages back, but to be honest, diagnosis etc took so long, then the original DLA claims etc, that we were just relieved it had been acknowledged and finally had something, but oblivious that we could've had the extra help back then with carers allowance etc and that her conditions worsening, and then didnt expect the migration to PIP to take so long too

I'm now looking at that reporting you care for someone section, but a bit stumped, as it says "When did you start providing care for this person?"

She's always cared for her,as daughter has fairly high needs, but not sure if I should put the date she receives Carers Allowance from (probably), so assume 7th October too

I guess theres nothing to lose, but man wish they could make the site easier.  Hopefully it hasn't cancelled our protection, that would suck to lose half a year of protected WTC payment

Midnight_Tboy

Ok, I've used that date, see what happens, at least that didnt want a load of questions like updating the details of child living at home did, thank you for the info, here's hoping I still get to keep the protection somehow, but guess best prepare for worst

kaMelo

Of course your wife (and you) will have been caring for your child for a long time but without being awarded a qualifying benefit (DLA, PIP SDP)  no one can claim carers allowance or the carers element of UC so the date you started to provide care is the date the person being cared for was awarded a qualifying benefit.

Importantly, is this date before or after you migrated to UC? 
Also, does your UC statement show a carers element as well as the deduction for carers allowance?

Midnight_Tboy

kaMelo said:

Of course your wife (and you) will have been caring for your child for a long time but without being awarded a qualifying benefit (DLA, PIP SDP)  no one can claim carers allowance or the carers element of UC so the date you started to provide care is the date the person being cared for was awarded a qualifying benefit.

Importantly, is this date before or after you migrated to UC? 
Also, does your UC statement show a carers element as well as the deduction for carers allowance?

We were migrated to UC approx April of this year.  Carers allowance only October of this year, so afterwards


Ermmmm the below is what our statements on the UC site show us as having

Standard allowance

£617.60

You get a standard amount each month. You said you're in a couple

Children

£333.33

You get support for 1 of your 2 children

Disabled children

£156.11

You said that you have 1 disabled child

Transitional protection

£176.39

You get this because of other benefits you were on before you moved to Universal Credit.

The payment will continue until you have a significant change of circumstances.

I guess, this may class as a "significant change of circumstances"   Only other change was daughter changing from school to college this September

Total we were receiving in protected UC before this was about £240 monthly

Oh, on the new statements of £0 I see no reference to a carers element just

Other benefits

We take money off your payment

As this is an average of other benefits that you're continuing to claim

(partners name):

Carer's Allowance ‑ £354.90

Midnight_Tboy

Figured might be easier to upload a pic of the recent one   Oh, just to add too, while before migration, I was receiving £0 by way of WTC, but xxx for the CTC elements of it (guessing around a similar £240ish amount)

Based on my recent wage rise, I think had it not been for the carers allowance, my payments probably would have dropped to around 180ish.  On the upside its more still with the carers than without I guess in the worst case scenario

kaMelo

As you are only just updating UC you have not got the carers element added to your UC yet. This should be backdated to the date your wife started caring for your child and would increase your maximum UC award by £198.31.but as this is more than the transitional element it will wipe it out so the resulting maximum UC award will increase by only £21.92.
Carers allowance will of course be deducted in full along with earnings so I'm not sure whether this will still result in a nil payment or not.

Although you will have lost the transitional element you will still maintain the transitional protection for capital disregarded above £16,000. This is in place for, if I remember correctly, 12 payment periods where you actually receive a payment so could be longer than twelve months.

Midnight_Tboy

kaMelo said:

As you are only just updating UC you have not got the carers element added to your UC yet. This should be backdated to the date your wife started caring for your child and would increase your maximum UC award by £198.31.but as this is more than the transitional element it will wipe it out so the resulting maximum UC award will increase by only £21.92.
Carers allowance will of course be deducted in full along with earnings so I'm not sure whether this will still result in a nil payment or not.

Although you will have lost the transitional element you will still maintain the transitional protection for capital disregarded above £16,000. This is in place for, if I remember correctly, 12 payment periods where you actually receive a payment so could be longer than twelve months.

Thank you, the system is so confusing.  I obviously was preparing myself to have it end in April, due to savings

It sucks, that I'm penalised for not "peeing it against the wall" and living on tight budgets etc, but thats a very much different conversation   I'd have been tempted to reduce it over time however I'm also trying to save for the goal to retire early next year due to work stresses (burnt out) aswell as own health issues, hoping to live on my savings interest as long as possible to reach retirement age (48 currently), so building up as much as possible while hoping for  redundancy

Thank you for your help kaMelo

8dayweek

You should ask on the Journal for the Disabled Child Element to be backdated to the start of the PIP award (if they’ve gone from low rate DLA to high rate PIP then you now qualify for the higher disabled Child Element). 

Carers Element should be auto backdated to start of Carers Allowance award.