Confused about PIP and UC connection

Bluenunn_in_the_north

Hi there folks,

I have an issue that I need some clarity with.

I have was migrated over to UC last summer, was previously on ESA and had been on PIP for lowest DL and lowest mobility for some time.

I had a telephone review for my PIP, which they promptly rejected and gave me just 4 DL points. My condition hasn't changed, in fact it's got worse marginally and I told them. The report put the absolute worst take for me on everything I said.

I just completed a comprehensive MR, I asked when they called for more time to get a letter from my consultant, they ignored that and processed it.

Again rejected with 4 points. The explanation was inane, short, meaningless and not related at all to my MR. Honestly I think it took 10 mins max to write by the DM. I'm intending to call them and wait for me to send them the letter but then thought I may as well appeal instead.

Now it appears, without any notification my UC has been reduced by about 30%. I think it's the health component they've removed, LCWA, which I only discovered after doing some research.

My question is, do you think I'm correct and are they correct in removing the HC after MR (erroneously concluded) and before a tribunal?

I'm super worried as this all amounts to nearly 50% of my entire income, with zero and specious explanations. So cold and aloof.

Many thanks in advance for any wise input.

Spoonie_Turtle

What does your previous UC statement with the full amount say, and what does your most recent one with the lower amount say?

I can't think of any reason the LCWRA element should be removed. That's an entirely separate assessment and set of criteria (for now).

Bluenunn_in_the_north

Hi, thanks for chipping in.

Thanks for the reply, I did think at first it maybe because it's coming up to the end of the tax year and it was just a 3 week end of year part payment. But that doesn't make sense as it's usually paid monthly on the 5th.

The current amount is about 25% less than March's payment.

I don't get a formal written monthly statement l was migrated from ESA in June and have not had a WCA.

Muttleythefrog

You need to log into your UC account and go to Home and Payments - UC is managed online (although telephone is used and physical letters are used for some tasks) and you'll find your statements listed that are pdf documents.

We need to understand what the last statement (where the payment went down) and a previous one break down for in itemised payment make up as this should show any underlying changes you seem to have noticed in total payment to bank. If you usually get paid on 5th of month (might be sooner this month due to long Easter weekend) then I expect you will have had another statement generated in the last day or so. Crucial is comparing statement before changed amount and with changed amount. I would assume the newest statement matches the previous lower payment but if not then that also may need looking at to see what is changing.

This might well shed light on what is happening and frankly right now is the only relevant research needed otherwise you're talking about something without the facts you should have readily available. It's very common for people to not understand what is happening with UC payments which is at least explained or somewhat explained simply by looking at the monthly statement. We cannot otherwise guess and it would be reckless and unnecessary to do so.

To confirm, there is no partial month payment… payments are for monthly assessment periods with payment based on circumstances at the end of the assessment period.

As above there should not usually be a reduction in your UC due to PIP or PIP decisions due to the fact they have separate and distinct assessments but there could be a knock on impact to carer element if applicable.

Hopefully regarding PIP you can appeal successfully to independent tribunal. Focus on the descriptors (point scoring statements of disability across the 12 activities as relevant) that you think apply to you and if you have not had any improvements then perhaps even refer to previous assessment where you think they allocated correct descriptors. Ideally any consultant letter would be specific to disablement relating to the activity descriptors relevant but at very least should be consistent with claimed problems and underlying diagnosed conditions.

poppy12345

Are you claiming UC with a partner? If so and your UC included carers element then this will be why your UC is now less than it was before PIP stopped because you need a daily living award of PIP for someone to be able to claim this. This would be the only reason I can think of why your UC has been reduced. Carers element is currently £198.31/month.

Spoonie_Turtle

l was migrated from ESA in June and have not had a WCA.

You will have had a WCA for your ESA claim, it's pretty much the same as for UC so the outcome from whenever you had it transferred over to UC. (That's why they don't need everyone to have an assessment when migrating over from ESA.)

MissFlossy222

Losing PIP wouldn't affect your LCWRA, but it could affect other elements like the Carers Element or your Housing costs.

As others have said, you need to check this statement against a previous one and see what's changed.

Bluenunn_in_the_north

Hi,

Thanks for all the excellent input.

A real quickie reply at the moment as I'm pushed for time.

I didn't realise I had an online section for my UC statements, I'd never found it.

So the reason for the deduction is

"Benefit cap

minus‑ 

Need help understanding the benefit cap?

We take money off your payment as there is a limit on the total amount of benefit you can get. This includes money from other benefits, like Child Benefit.

Search for 'benefit cap' on the GOV.UK website to find out how it's calculated."

My circumstances are identical and nothing has changed.

Thanks in advance.

KxMx

Having LCWRA means you are exempt from the benefit cap.

Add a Journal note (using the payment option) stating that you have been underpaid due to an incorrect benefit cap deduction, and that you are exempt from the benefit cap due to LCWRA.

You'll know when this has been looked at & sorted as a letter will be added to your Journal stating the amount owed due to underpayment, and a new version of your statement added. The money will then be paid within a few working days.

Bluenunn_in_the_north

Thank you again.

Just to be clear I'm on LCW from ESA WRAG group but well under the benefit cap, single and nothing has changed for 7 months.

I have written asking for an explanation in the Journal.

Thank you all for your time🙏🏻

8dayweek

WRAG / LCW doesn’t exempt you from the Benefit Cap.

It has to be Support Group / LCWRA, or there are other benefit like PIP / DLA etc that exempts you.

The benefit cap for a single person outside London is £1229.42.

https://www.gov.uk/benefit-cap