Emergency help for unemployed son with mental health issues

cmgurney

My son is unemployed and is separated, going through a divorce. He has mental health issues (recent ADHD assessment, anxiety and depression) and has a fit note until the end of this year. He used to have a high paying job in IT and has been trying to start up his own software development business but not, so far, with any success. He was given self-employed UC for himself for 12 months for the business start-up but that has now come to an end. He has applied for limited capacity for work UC. He has been told that he requires a Work Capability Assessment and that it could take months. He has also been receiving UC for his two boys, aged 10 and 8, with whom he has shared (50%) custody with their mother. DWP have now told him he shouldn't be getting that as their mother gets the child benefit and is therefore the 'main carer'. She wrote a letter to say that he was the main carer but they refused to accept it. The UC he gets for the boys will therefore stop on 7 November and he will have no income at all. DWP have refused an advance of UC while waiting for the WCA because he had one 12 months ago. I don't understand how they think he is supposed to live. Can anyone please advise on what he should do? He is desperate and talking about suicide.

Rubyroobs

Has he also applied for PIP ? However this can take months to get awarded also. 
Even if the child element of UC stops he will still get the single element ( around £400 per month ).
If he had a high paying job does he have any savings to fall back on ?
In regards to DWP not accepting him as main carer - has he asked for an explanation of how they ahve made that decision? Are the kids GP's registered at his address etc ? Does his ex claim UC, if so is she happy to give up the child element? Only one of them can claim it although they could claim for one each I believe. 
he could also explore foodbanks and check with his local council whether they have a Household support fund which can give help with fuel and food vouchers. Our local council is just about to open up theirs again.

TELLIT01

I may be wrong but with a 'fit note' I think he should be able to claim UC immediately if the business he has set up is no longer functioning.  Others will be in able to confirm or correct that.

cmgurney

Rubyroobs said:

Has he also applied for PIP ? However this can take months to get awarded also. 
Even if the child element of UC stops he will still get the single element ( around £400 per month ).
If he had a high paying job does he have any savings to fall back on ?
In regards to DWP not accepting him as main carer - has he asked for an explanation of how they ahve made that decision? Are the kids GP's registered at his address etc ? Does his ex claim UC, if so is she happy to give up the child element? Only one of them can claim it although they could claim for one each I believe. 
he could also explore foodbanks and check with his local council whether they have a Household support fund which can give help with fuel and food vouchers. Our local council is just about to open up theirs again.

Thank you very much for responding. Yes, he applied for PIP when he first started getting self employed UC and was turned down. He has been unemployed for a lengthy time and has debts rather than savings. He still lives in the family home which is on the market as part of the divorce but, so far, there is no buyer. He should be able to pay his debts from that but will be left with very little capital. DWP's explanation is that his wife is the main carer because she receives the child benefit. I believe the GPs are registered at his address because that is the family home. Thank you for pointing that angle out. I will get him to check. His wife is in work and not claiming UC, which is why she was willing to write to DWP saying he was the main carer. He is using the local foodbank and is also filling in the form today for emergency help from the council. 

cmgurney

cmgurney said:

Rubyroobs said:

Are the kids GP's registered at his address etc ? 

I believe the GPs are registered at his address because that is the family home. Thank you for pointing that angle out. I will get him to check. 

I asked him and they are registered with the GP at his address. He says he has already uploaded that information to his DWP account but apparently DWP haven't accepted it as sufficient for him to get UC for the boys.

rosewalk

I think that he should contact an advice agency such as Citizens Advice or Welfare Rights for specialist advice. There are a range of complex issues going on which may be difficult to resolve. He should be able to get the Child Element for the boys but this may be a struggle as UC staff often don't seem to understand their own rules and processes. There is also the issue of his PIP claim and whether he should challenge the decision to turn him down or make a new claim. 

elsien

I have a feeling that the main carer bit comes from whoever claims the child benefit. 

So if he is the main carer, then his wife needs to contact the DWP to have child benefit put in his name. Which she may not be willing to do if she was only saying that for universal credit purposes, and doesn’t actually believe it. 

Is she also claiming for the boys on universal credit?

born_again

Is wife also living at family address?

cmgurney

rosewalk said:

I think that he should contact an advice agency such as Citizens Advice or Welfare Rights for specialist advice. There are a range of complex issues going on which may be difficult to resolve. He should be able to get the Child Element for the boys but this may be a struggle as UC staff often don't seem to understand their own rules and processes. There is also the issue of his PIP claim and whether he should challenge the decision to turn him down or make a new claim. 

Thank you. I hadn't heard of Welfare Rights before. I agree he should follow up on PIP.

Muttleythefrog

I agree with the CAB suggestion.... there's too much to unpack here through a third party maybe... it can be a bit like back seat driving and especially if the subject may be difficult to motivate. Obviously if he is feeling suicidal then we can only suggest medical referral...including asking for social prescriptions if useful and available... in the end though these benefit matters should be resolvable. 

PIP can be a bit of a battle to get initially... far from uncommon for people to get zero points and end up winning a good award at appeal. I presume he never challenged the decision. Focus on the descriptors (statements of disability) of the 12 activities and working out if should qualify and then pursuing those descriptors with argument, examples, evidence, solid description of problems and help/aids needed is key.

In terms of moneysaving... things like food bank, community larders if in area... good starting points and can save significant money. Obviously being in debt won't be helping his mental state and hopefully the property can get sold so he can start feeling the wheels turning forward. I think you're in a tricky spot of trying to assist obviously loved son... I do wonder if getting him to agree to meeting CAB with you is a starting point.

cmgurney

elsien said:

I have a feeling that the main carer bit comes from whoever claims the child benefit. 

So if he is the main carer, then his wife needs to contact the DWP to have child benefit put in his name. Which she may not be willing to do if she was only saying that for universal credit purposes, and doesn’t actually believe it. 

Is she she also claiming for the boys on universal credit?

Thanks. This is the issue. I'm not sure whether she would be prepared to do this, with him paying her back the child benefit he then received each month. But he can always ask. She is working, so not claiming UC.