Universal Credit: SYSTEMATIC INJUSTICE

I cannot see this case as being unique in Northern Ireland. There must be others, where a decision has already been made, as to how UC would deal with the situation.

I would suggest calling Universal Credit and asking the Case Manager to speak to their local Service Improvement Lead (SIL) about this. The SIL can search through records for information about this situation and if necessary they can raise this with DWP Head Office.

Without much knowledge on Northern Ireland benefits and Irish workers rights, I would think you claim Irish health related benefits accrued through work taxes and then on the UC claim, they would deduct the Irish benefit payment as 'other income'. This would mean that you would not receive much UC help, other than housing and you would need a UC health assessment to see if you qualified for extra help. You would need to be seen as having limited capability for work and work related activity to qualify for an extra payment.

fooddestroyer wrote: »

In short, I have got in touch with a local CAB guy I know. He feels with our situation, that UK ARE the competent state and that we need to sign off the Irish benefit to keep things simple with UC/PIP/Child Benefit. Basically, we'd be better off in the meanwhile until things change.

With me being unsure of a return to work anytime soon, and with (allegedly) the U.K. being the competent state this appears the best way forward.

Nevertheless, UC have 'frozen' payments to me. I visited a local MP yesterday and they said that the best thing in the interim to do is:
1. Get any housing costs paid to me, and set up a separate S/O to pay landlord so that the tenancy agreement is not violated again
2. Take the local foodbank vouchers and don't get into any debt through UC!

Thanks.

I'm not sure about this:
a) I really think you need to get advice from an accredited advice agency / CAB / Law Centre.
As I read your post you have acted on individual advice from a "CAB guy" you know who "feels" the UK is the component authority.
He may well be right, as evidenced by the fact that UC have accepted your claim. If they were not the appropriate benefit authority your claim would likely have been rejected in October.
On the basis on that advice you have stopped an income coming into the household (the Irish benefit).

b) On the face of it, the MP's comment doesn't make sense.
Yout housing costs are not separate from UC. Housing costs are included in the UC payment. They will be paid to you as part of the UC payment (unless you elect for a direct payment to the landlord and this is agreed by the DWP).
Until the DWP sort your UC claim out, no housing costs will be paid.

c) As I interpreted your opening post, the problem is the delay in getting a decision on your UC claim and getting the housing element paid so you can pay your rent.
That's why calcotti in the first reply suggested getting your MP involved. Want you want from your MP is not advice about S/O's and the foodbank, but for them to intervene on your behalf with the DWP to get the UC decision made quickly and in your favour.

Cancelling the Irish benefit, may not speed up the UC decision. It introduces a change of circumstances that could further delay a decision.

If I have understood correctly your difficulty is that the UC claim you made in October is still awaiting clearance by a DWP DM, so I would suggest -
1) Ask your MP to intervene with the DWP to speed up their decision process;
2) Get accredited advice and request the advisor to contact the DWP on your behalf;
3) Contact the DWP resolution manager who handled your compliant, and try to find out exactly why there is a delay and when it will be resolved, etc
4) If you have access to a Law Centre consider a pre-action Judicial Review letter to the DWP lawyers who have a legal duty to respond in 14 days.

fooddestroyer wrote: »

In short, I have got in touch with a local CAB guy I know. He feels with our situation, that UK ARE the competent state

"competent state" is EU rules. Why are you trying to use EU rules when you are living and working in your own countries? Under EU rules, we can't be an EEA citizen in our own EEA country/ies.