Advice please universal credit query

13

Comments

  • teabag29
    teabag29 Posts: 1,898 Forumite
    Yes that!!!8217;s correct and I didn!!!8217;t speak to them at 22.50 that!!!8217;s just when I put that post I spoke to them earlier today around 16.00, I rang tax credits after trying everyone else and the man I spoke to seemed more knowledgable than anyone else I!!!8217;d spoken to and he said he understood my dilemma and they have colleagues who are universal credit experts, he put me on hold and spoke to him and also his team leader and they said once my area goes into full service on July 18th I will most likely have to change to universal credit because my partners on it.... so therefore if I want to stay on tax credits and not lose £100 a week I need to change my claim and move my partner in b fore 18th July
  • huckster
    huckster Posts: 4,821 Forumite
    First Anniversary Name Dropper First Post
    edited 6 July 2018 at 6:38AM
    Yes you want to make any change if you can, so you can stay on tax credits.

    Your partner seems to be on Universal Credit live service and of course if he wants to continue receiving this benefit, he would need to advise of his change in circumstances. When he advises that he is moving in with you and your 3 children, I am not sure how UC live service will deal with this. Perhaps your partner should ask UC the question and mention the current benefits you receive.

    UC Live Service number is 0800 328 9344.

    I would be interested to know what UC Live Service says on this subject.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    edited 6 July 2018 at 1:15PM
    teabag29 wrote: »
    Yes that!!!8217;s correct and I didn!!!8217;t speak to them at 22.50 that!!!8217;s just when I put that post I spoke to them earlier today around 16.00, I rang tax credits after trying everyone else and the man I spoke to seemed more knowledgable than anyone else I!!!8217;d spoken to and he said he understood my dilemma and they have colleagues who are universal credit experts, he put me on hold and spoke to him and also his team leader and they said once my area goes into full service on July 18th I will most likely have to change to universal credit because my partners on it.... so therefore if I want to stay on tax credits and not lose £100 a week I need to change my claim and move my partner in b fore 18th July

    The 3 child limit applies to the live service as well. I hadn't picked up from your earlier reply that you were considering this as an option.

    Before you do this ahead of full service - I would strongly recommend that you speak to an independent welfare rights adviser.

    IQ
  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    huckster wrote: »
    Workarounds would be needed, as the OP's partner would need to report a change to UC people living with you, new relationship etc, noting just 2 children. At the moment, UC full service will stop new claimant info including 3 children. Noting 2 children would allow a linking code to be provider for partner (OP) making a new UC claim.

    When the OP makes their new UC claim with the linking code to join their partners UC claim, they will have to enter the same 2 children. If they attempt to enter 3 children, they won't be able to proceed. Once the joint claim is up and running, child number 3 can be added, but the question is then whether they receive any extra amount for the 3rd child. They might have to ask that this is referred to a decision maker to see if an exception applies.

    NO exception is needed - there is transitional protection in the regulations for this situation where the child was on a tax credits claim in the last 6 months as far as I can tell in the regs.

    IQ
  • huckster
    huckster Posts: 4,821 Forumite
    First Anniversary Name Dropper First Post
    As far as I know the OP is not a current UC claimant and if they have to transfer to UC due to a change in circumstances, before DWP start the managed migration process, there is no transitional protection.

    If they want to include 3 children under a UC claim, because their partner is an existing UC claimant, then they will need to ask the question as to whether they can receive payment for 3 children. This is why I posted the links yesterday. The linked document about 2 claimants forming a family is based on 2 single UC claimants forming one family. The question is then whether 1 UC claimant and 1 legacy benefit claimant can receive the same deal. I have not seen this agreed previously.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • teabag29
    teabag29 Posts: 1,898 Forumite
    Icequeen99 wrote: »
    The 3 child limit applies to the live service as well. I hadn't picked up from your earlier reply that you were considering this as an option.

    Before you do this ahead of full service - I would strongly recommend that you speak to an independent welfare rights adviser, i don't have time to check the legislation again but from memory i'm fairly sure the rules on this particular part are the same for live service and full. You don't want to make a decision based on incorrect information and I wouldn't just accept what a helpline adviser said - because if it is wrong you'll find it very difficult to reverse it.

    IQ

    Where do I get a number for an independent welfare rights advisor? I wasn’t aware the rules applied to live service too
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
    Name Dropper First Anniversary First Post
    Just throwing this into the mix!

    Would this apply if they have to claim Universal Credit?

    http://www.legislation.gov.uk/uksi/2017/376/regulation/3/made

    OP, whereabouts do you live? Largish near town? You might need to do a bit of googling to find a welfare advisor. Have you got a large CAB with a welfare and benefits advisor?

    Also see Alice's post (post 9) about CAB.
  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    edited 6 July 2018 at 1:14PM
    teabag29 wrote: »
    Where do I get a number for an independent welfare rights advisor? I wasn!!!8217;t aware the rules applied to live service too

    Try CAB as a starting point.

    Honestly, this is all so complicated that you should be sure on the advice before you make any decisions.

    The regulations are here http://www.legislation.gov.uk/uksi/2017/376/made

    My reading of them are that the rules apply to live service (in terms of the 2 child limit) as well - but again get some advice on the whole of your situation from someone who has time to look through all of the legislation.

    IQ
  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    huckster wrote: »
    As far as I know the OP is not a current UC claimant and if they have to transfer to UC due to a change in circumstances, before DWP start the managed migration process, there is no transitional protection.

    If they want to include 3 children under a UC claim, because their partner is an existing UC claimant, then they will need to ask the question as to whether they can receive payment for 3 children. This is why I posted the links yesterday. The linked document about 2 claimants forming a family is based on 2 single UC claimants forming one family. The question is then whether 1 UC claimant and 1 legacy benefit claimant can receive the same deal. I have not seen this agreed previously.

    You are talking about transitional protection for managed migration. I never mentioned that.

    There is already transitional protection that was introduced when the 2 child limit was introduced.

    The legislation is here http://www.legislation.gov.uk/uksi/2017/376/made

    So it has all been agreed. Providing the children were all born before 6 April 2017 then she will get 3 child elements in UC under these regs. (I assume they must be as she is getting 3 elements in tax credits). After the interim period ends (now 31 Jan 2019) there is a set of transitional rules that protect people between TC and UC.

    IQ
  • teabag29
    teabag29 Posts: 1,898 Forumite
    Ok so,I!!!8217;ve been on phone all morning to CAB, Birmingham benefit advice centre and UC.... none of them seemed to know if after July 18th my partner moved in whether I!!!8217;d be allowed to stay on tax credits or whether I!!!8217;d be protected not to lose a big chunk so I didn!!!8217;t take the risk. We!!!8217;ve spoken and decided for him to move in this weekend as we can!!!8217;t afford to risk losing such a big amount each week. I!!!8217;ve rang tax credits and ended my single claim and made a new joint one with no problems, just need to update income support now.

    Thanks for all the advice guys, really shocked how little the UC advisors know about UC, some of them weren!!!8217;t even aware that there were exceptions to the 3 Child rule, felt like I was educating them
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards