Please can someone help me with the new UC changes, I do not understand it :(

samantham06

kaMelo said:

The problem I see with setting up a personal injury trust is that the costs of setting it up and running it are going to take a fair chunk of what is, at £6500, a relatively small amount.

The flip side of not setting one up, once the disregard ends so will UC.

Have you made any enquiries as to setting up a PI trust and the likely costs?

Hello,

Yes I've spoken to a solicitor but it's a very complex procedure with lots of forms and things which is hard to fathom. 

samantham06

teaselMay said:

Slightly different aspect to your question but I would have thought, speaking as someone with a gaggle of silly hounds, that dog boarding would be difficult if not impossible to do and also to gain a license for if you're confined to working from home. You'd need to be able to exercise them, unless you're going to employ someone else to do that. Also would you be permitted to run a business from a housing association property?

I don't know about the complexity of your finances but as someone in the UC equivalent of support group I've found it a straight forward benefit to get my head around and manage. I've not managed to find work, yet hopefully, but the way earnings are treated by UC seems pretty straightforward and fair.

I have already got permission from the landlord. I did this before doing anything else.
But I've not applied to the council yet because I'm unsure if ESA will let me. I thought once I moved to UC it would be allowed but seemingly I'll keep getting ESA so now I have no idea.

Caring for dogs is not impossible, I prefer dogs to people. I have three of my own. They bring me great job. 
There is a field directly next to my home which I can take them to for several short walks. I've already decided I wouldn't take on large dogs because I don't have the strength to manage them nor to walk them as they need. I'd only take small ones. Which I'd be upfront with about to the council and dog parents. 
I don't believe disability means anything is impossible it just means something's need adjustments and adaptations. However the only work I could do is made impossible by ESA rules  

HillStreetBlues

samantham06 said:

kaMelo said:

The problem I see with setting up a personal injury trust is that the costs of setting it up and running it are going to take a fair chunk of what is, at £6500, a relatively small amount.

The flip side of not setting one up, once the disregard ends so will UC.

Have you made any enquiries as to setting up a PI trust and the likely costs?

Hello,

Yes I've spoken to a solicitor but it's a very complex procedure with lots of forms and things which is hard to fathom. 

The complex bits are what you pay the solicitor for, did you see one that specialises in Trusts?

Spoonie_Turtle

Ultimately if you work more than the ESA thresholds once you've claimed UC, your ESA will end and it will make no difference to the amount of money you get overall.  You'd still get UC, and you can work and earn as much as you like on that.  The deductions are a bit different but the flip side is there are no restrictions for earnings or hours on UC.

[But definitely don't risk your ESA closing until you've set up the personal injury trust.  Otherwise if you don't get that done in time your UC would end and if your ESA had also closed you'd be left with no financial support, only your savings to live on.]

samantham06

HillStreetBlues said:

samantham06 said:

kaMelo said:

The problem I see with setting up a personal injury trust is that the costs of setting it up and running it are going to take a fair chunk of what is, at £6500, a relatively small amount.

The flip side of not setting one up, once the disregard ends so will UC.

Have you made any enquiries as to setting up a PI trust and the likely costs?

Hello,

Yes I've spoken to a solicitor but it's a very complex procedure with lots of forms and things which is hard to fathom. 

The complex bits are what you pay the solicitor for, did you see one that specialises in Trusts?

Yes but I'm autistic and it's just hard. The solicitor can't help me fill out the forms etc. 

samantham06

Spoonie_Turtle said:

Ultimately if you work more than the ESA thresholds once you've claimed UC, your ESA will end and it will make no difference to the amount of money you get overall.  You'd still get UC, and you can work and earn as much as you like on that.  The deductions are a bit different but the flip side is there are no restrictions for earnings or hours on UC.

[But definitely don't risk your ESA closing until you've set up the personal injury trust.  Otherwise if you don't get that done in time your UC would end and if your ESA had also closed you'd be left with no financial support, only your savings to live on.]

I rang ESA today and they said they will continue to pay £140 a week on the new style ESA.

Do you know if I stop that, will UC pay that instead please? 

kaMelo

samantham06 said:

Spoonie_Turtle said:

Ultimately if you work more than the ESA thresholds once you've claimed UC, your ESA will end and it will make no difference to the amount of money you get overall.  You'd still get UC, and you can work and earn as much as you like on that.  The deductions are a bit different but the flip side is there are no restrictions for earnings or hours on UC.

[But definitely don't risk your ESA closing until you've set up the personal injury trust.  Otherwise if you don't get that done in time your UC would end and if your ESA had also closed you'd be left with no financial support, only your savings to live on.]

I rang ESA today and they said they will continue to pay £140 a week on the new style ESA.

Do you know if I stop that, will UC pay that instead please? 

It's not that UC pay it instead, your UC award is specific to your circumstances. If you also claim ESA then the amount of ESA you qualify for is deducted in full from your UC award. If you stopped claiming ESA then there is nothing to deduct from UC.

In either scenario you receive the same amount but there are other differences. NS ESA is not means tested so your capital has no impact. Also you will migrate into the support group, if you ended your ESA claim then this would be lost and, given your work history it's unlikely you would qualify for ESA again.

born_again

samantham06 said:

Yes but I'm autistic and it's just hard. The solicitor can't help me fill out the forms etc. 

Thought that was the whole point of solicitors to set these things up..

TimeLord1

HillStreetBlues said:

huckster said:

2) Yes UC will honour disregard of capital over £16k in line with ESA decision. I thought the 1 year capital disregard was for tax credit migration claimants to UC. Other people replying will confirm if this 1 year disregard also applies to ESA/HB migration claimants.

Your thought is correct, the capital disregards apply only migration from TC,  but if a person already has disregard that carries over.
With a personal injury payment  it's disregarded for 12 months that give a person time to set up a trust where it's disregarded indefinitely

With the disregarded date of June 2025 migrating to UC do they use the initial date or disregard it for a further year because of migration ?

TimeLord1

samantham06 said:

TimeLord1 said:

With your circumstances, I would suggest getting help with setting it up. Make an appointment with Citizen Advice, just to help with the money side of things because I see the universal credit system is going to cause you an issue. You seem like you have a great understanding of the process and what should happen and be allowed, it's imputing this information into UC and getting the same outcome. I think you will need help in getting it accepted by Universal Credit system. I think it's the disregarded money and self employment you will need help with and time limit on disregarded amount.

Thank you, you are right.

I only have a week left to claim UC as typically I left it all until last minute. I'll try to get a CAB appointment 

I'm not self employed yet I just set it up so I could be as I thought it was easier to go into UC with it set up. 

I don't know if you could get some extension on completing the migration you might if you can get it in writing. Seems a lot to sort out.  Probably best to start the ball rolling and then put lots in the journal explaining your situation then you will have some form of proof using what you wrote here also.