First claim for benefits

Onebrokelady

Hi everyone I have a question about UC and ESA 
I have been off work for 6 months now and have been diagnosed with a terminal illness. I am applying for early retirement through ill health from the NHS. I have previously retired and returned on a part time basis ( 15 hours a week ) I’m no longer being paid wages or SSP because I’ve had too much time off already.

I put in a claim for UC but they have said I’m not entitled to anything, I’ve been put in the limited capability for work and work related activity
my income is £674 a month pension
I had £9000 in savings when I put the claim in 
I don’t have a mortgage but my house is shared ownership so I pay a rent of £278 a month.

I have used several benefit calculators and they all say I should be receiving a payment of around £300 a month, are they really unreliable or is something wrong here 

I’ve also put in a claim for ESA. They are now phoning me tomorrow to talk about my commitments so it seems I will have commitments after all. I’ve sent them all my sick certs an SSP1 form and a report from my GP, they are still asking me for sick notes that I’ve already sent. I’m wondering with my income and savings are they likely to pay me or am I wasting my time

I’m currently living off my monthly NHS pension of £674 a month and topping that up with money from my savings which is what is left of my lump sum 
I hope this makes sense and thanks for any advice 

8dayweek

By the sounds of it, your UC should be made up of Standard Allowance, Housing Element and LCWRA Element - less your Pension and Notional Capital… so circa. £370 pcm?

Is your UC Statement available to view? Is something missing perhaps…? 

Muttleythefrog

Others are better to advise on UC calculation (I don't suppose you got a nil award UC account monthly statement you could quote the calculation from here? If we can see their workings it should be easy to see any omissions or failings) and how they may end up giving you no payment. For the record ESA will be deducted in full from UC awarded... as unearned income. But others will be better able to analyse given your pension and savings details.

Benefits calculators generally are pretty good for accuracy.

ESA commitments will be limited do not worry.. an admin exercise really. With LCWRA you're not required to take part in work related activities or seek work although particularly with UC (if claimed) you may be offered support in this regard that you can reject.

Sorry to hear about the diagnosis... one I'm sitting on the precipice of getting myself. But one thing you didn't mention is PIP.... please look to applying for PIP... you may well be able to automatically qualify if the prognosis is 12 months or less to live (horrible thing to think about I know). Otherwise you may still be able to get PIP and it is not means tested so savings, income are irrelevant. PIP has 2 elements - daily living and mobility... 10 activities of the former and 2 of the latter... if the terminal illness claim criteria is not met have a look at those activities of PIP and see how many points your disablements may get you to see if realistic you could get an award by getting 8 or more total points in either or both elements. If terminal illness criteria is met then you would get the daily living element at higher rate but not automatically get the mobility element that you still may qualify for depending on disablements. I appreciate terminal illnesses don't necessarily bring any long term present relevant disablements to PIP - I actually get PIP for mental health problems but I have stage 4 cancer and am being heavily treated yet I haven't even informed PIP of my cancer as it isn't presenting enduring disablements... more a case of managing side effects of treatment that change seemingly every day. If your terminal illness was cancer related then MacMillan can be great for direct personal help in claiming benefits.. but if your terminal illness is not cancer related you may similarly find helpful organisations out there.

https://www.gov.uk/pip/claiming-end-of-life
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/how-to-claim-if-terminally-ill/

General PIP guidance
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

Onebrokelady

8dayweek said:

By the sounds of it, your UC should be made up of Standard Allowance, Housing Element and LCWRA Element - less your Pension and Notional Capital… so circa. £370 pcm?

Is your UC Statement available to view? Is something missing perhaps…? 

My UC statement is available to view but I don’t really understand it ☹️ it says my standard allowance is £400 then it says about housing element but then says I have income of £674 so once this is deducted along with my savings it comes to £751 ( ithink from memory) deducted which leaves me with 0 payment  

KxMx

It sounds like LCWRA element is missing. This would increase your award by £423.27 before deductions. 

Did you apply under the terminal illness special rules with form SR1?

There should be no waiting period for LCWRA element under those circumstances. 

For non special circumstances, there is a waiting period of three full assessment periods, dating from first Fit Note assuming no gaps. No money is paid or subsequently owed for that period. 
It's the date the FN's are given to UC that counts, not the start date written on them. Any gaps would impact the waiting period. 

Onebrokelady

Muttleythefrog said:

Others are better to advise on UC calculation (I don't suppose you got a nil award UC account monthly statement you could quote the calculation from here?) and how they may end up giving you no payment. For the record ESA will be deducted in full from UC awarded... as unearned income. But others will be better able to analyse given your pension and savings details.

Benefits calculators generally are pretty good for accuracy.

ESA commitments will be limited do not worry.. an admin exercise really. With LCWRA you're not required to take part in work related activities or seek work although particularly with UC (if claimed) you may be offered support in this regard that you can reject.

Sorry to hear about the diagnosis... one I'm sitting on the precipice of getting myself. But one thing you didn't mention is PIP.... please look to applying for PIP... you may well be able to automatically qualify if the prognosis is 12 months or less to live (horrible thing to think about I know). Otherwise you may still be able to get PIP and it is not means tested so savings, income are irrelevant. PIP has 2 elements - daily living and mobility... 10 activities of the former and 2 of the latter... if the terminal illness claim criteria is not met have a look at those activities of PIP and see how many points your disablements may get you to see if realistic you could get an award by getting 8 or more total points in either or both elements. If terminal illness criteria is met then you would get the daily living element at higher rate but not automatically get the mobility element that you still may qualify for depending on disablements. I appreciate terminal illnesses don't necessarily bring any long term present relevant disablements to PIP - I actually get PIP for mental health problems but I have stage 4 cancer and am being heavily treated but I haven't even informed PIP of my cancer as it isn't presenting enduring disablements... more a case of managing side effects of treatment that change seemingly every day. 
https://www.gov.uk/pip/claiming-end-of-life
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/how-to-claim-if-terminally-ill/

General PIP guidance
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

Hi sorry to hear you’re also in the same situation health wise, mines a bit ambiguous on prognosis. I’ve got Pulmonary Fibrosis which if you look online says and average lifespan of three to five years after diagnosis but that info was from before they developed the drugs they have now so there are quite a lot of people who are still here 10 to 15 years later. It will eventually kill me but it’s very unpredictable as any infection can cause it to escalate rapidly but if I avoid infection and I’m able to take the drugs I might live longer 🤞🤞

I haven’t gone down the PIP route yet because at the moment I’m able to do most things and take care of myself. I live on my own and all my own house work,  cook for myself etc I don’t think it would be right to claim PIP at this time but I will when can’t manage anymore

I do have a UC statement so will see if I can put it on here, I’m no good with technology either 😀

Muttleythefrog

Onebrokelady said:

Muttleythefrog said:

Others are better to advise on UC calculation (I don't suppose you got a nil award UC account monthly statement you could quote the calculation from here?) and how they may end up giving you no payment. For the record ESA will be deducted in full from UC awarded... as unearned income. But others will be better able to analyse given your pension and savings details.

Benefits calculators generally are pretty good for accuracy.

ESA commitments will be limited do not worry.. an admin exercise really. With LCWRA you're not required to take part in work related activities or seek work although particularly with UC (if claimed) you may be offered support in this regard that you can reject.

Sorry to hear about the diagnosis... one I'm sitting on the precipice of getting myself. But one thing you didn't mention is PIP.... please look to applying for PIP... you may well be able to automatically qualify if the prognosis is 12 months or less to live (horrible thing to think about I know). Otherwise you may still be able to get PIP and it is not means tested so savings, income are irrelevant. PIP has 2 elements - daily living and mobility... 10 activities of the former and 2 of the latter... if the terminal illness claim criteria is not met have a look at those activities of PIP and see how many points your disablements may get you to see if realistic you could get an award by getting 8 or more total points in either or both elements. If terminal illness criteria is met then you would get the daily living element at higher rate but not automatically get the mobility element that you still may qualify for depending on disablements. I appreciate terminal illnesses don't necessarily bring any long term present relevant disablements to PIP - I actually get PIP for mental health problems but I have stage 4 cancer and am being heavily treated but I haven't even informed PIP of my cancer as it isn't presenting enduring disablements... more a case of managing side effects of treatment that change seemingly every day. 
https://www.gov.uk/pip/claiming-end-of-life
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/how-to-claim-if-terminally-ill/

General PIP guidance
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

Hi sorry to hear you’re also in the same situation health wise, mines a bit ambiguous on prognosis. I’ve got Pulmonary Fibrosis which if you look online says and average lifespan of three to five years after diagnosis but that info was from before they developed the drugs they have now so there are quite a lot of people who are still here 10 to 15 years later. It will eventually kill me but it’s very unpredictable as any infection can cause it to escalate rapidly but if I avoid infection and I’m able to take the drugs I might live longer 🤞🤞

I haven’t gone down the PIP route yet because at the moment I’m able to do most things and take care of myself. I live on my own and all my own house work,  cook for myself etc I don’t think it would be right to claim PIP at this time but I will when can’t manage anymore

I do have a UC statement so will see if I can put it on here, I’m no good with technology either 😀

Thanks I understand... regarding PIP you'll be correct... not at this time. Hopefully you do see many many years ahead!

As above it could be the LCWRA missing that significantly explains the calculation error. 

If you can copy paste from the statement the relevant calculation section.... otherwise be careful not to give any personal details from the statement for your own privacy... failing all then typing out what it says in that section could confirm where they're going wrong.

Spoonie_Turtle

Onebrokelady said:

Muttleythefrog said:

Others are better to advise on UC calculation (I don't suppose you got a nil award UC account monthly statement you could quote the calculation from here?) and how they may end up giving you no payment. For the record ESA will be deducted in full from UC awarded... as unearned income. But others will be better able to analyse given your pension and savings details.

Benefits calculators generally are pretty good for accuracy.

ESA commitments will be limited do not worry.. an admin exercise really. With LCWRA you're not required to take part in work related activities or seek work although particularly with UC (if claimed) you may be offered support in this regard that you can reject.

Sorry to hear about the diagnosis... one I'm sitting on the precipice of getting myself. But one thing you didn't mention is PIP.... please look to applying for PIP... you may well be able to automatically qualify if the prognosis is 12 months or less to live (horrible thing to think about I know). Otherwise you may still be able to get PIP and it is not means tested so savings, income are irrelevant. PIP has 2 elements - daily living and mobility... 10 activities of the former and 2 of the latter... if the terminal illness claim criteria is not met have a look at those activities of PIP and see how many points your disablements may get you to see if realistic you could get an award by getting 8 or more total points in either or both elements. If terminal illness criteria is met then you would get the daily living element at higher rate but not automatically get the mobility element that you still may qualify for depending on disablements. I appreciate terminal illnesses don't necessarily bring any long term present relevant disablements to PIP - I actually get PIP for mental health problems but I have stage 4 cancer and am being heavily treated but I haven't even informed PIP of my cancer as it isn't presenting enduring disablements... more a case of managing side effects of treatment that change seemingly every day. 
https://www.gov.uk/pip/claiming-end-of-life
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/how-to-claim-if-terminally-ill/

General PIP guidance
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

I haven’t gone down the PIP route yet because at the moment I’m able to do most things and take care of myself. I live on my own and all my own house work,  cook for myself etc I don’t think it would be right to claim PIP at this time but I will when can’t manage anymore

Lots of people can manage but only with a lot of pain or fatigue or breathlessness etc. and limiting other activities, so they still qualify for PIP.  It's about the help you would need to live a less limited daily life, not whether you actually get the help. 
It's worth having a look at the activities with this principle of 'reliably' in mind https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#reliability-1

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/how-decisions-are-made/

Onebrokelady

Here is my September statement,sorry the  top is chopped off but is says 0 payment

KxMx

That confirms LCWRA element is missing.

The question would then be when you are supposed to get payment for that.

Did you submit a SR1 form at any point?

Onebrokelady

KxMx said:

That confirms LCWRA element is missing.

The question would then be when you are supposed to get payment for that.

Did you submit a SR1 form at any point?

No I haven’t