Disabled Student-Universal Credit

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  • benstuart
    benstuart Posts: 21 Forumite
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    Thanks for that, your confusion with regard to esa and hb apportionment may well be down to my misunderstanding , but the overall figure is correct
  • Alice_Holt
    Alice_Holt Posts: 5,950 Forumite
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    edited 4 November 2018 at 5:20PM
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    calcotti wrote: »
    The DWP are right to use the LHA rate but I think it should be the one bedroom rate not the shared room rate (if getting Daily living PIP) and the DWP may have got this wrong.

    That is indeed the LHA one bedroom rate:
    "Durham
    Shared Accommodation Rate:£65.00 per week
    One Bedroom Rate:£74.79 per week"

    The Rent Service closed in 2009, their role taken over by the Valuation Office. Puzzled by why Durham CC would use a figure set by them, rather than the LHA.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 4 November 2018 at 5:30PM
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    Thanks Alice, I hadn’t picked up on the location.the rates are much lower than where I live.

    Revising my calculation, grant of £6,236 and rent allowance of £74.79/week (£324.09month)

    Standard allowance £251.77
    LCW £126.11
    Housing £324.09
    Maximum UC payable = £701.97

    loan £692 less £110 disregard = £582

    UC payable is £119.97month for 9 months and £377.88 for 3 months (when there are no housing costs and no loan) which I make £2,213.37 for the year.

    Compared to the £5,534 previously this is a loss of £3,321 for the year.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • benstuart
    benstuart Posts: 21 Forumite
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    Many thanks for that,
    Under the current regulations I think you calculations are correct.
    It will be interesting to see what the mandatory reconsideration brings.
    (Is that the way they would apportion the student loan*over nine months)
    I will still let the MP's do their job, it still seems grossly unfair that being forced to apply for UC there is no transitional relief, regulations can and do change , if it is manifestly unfair(or am I being naive!).
    Regards,
    Stuart.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    benstuart wrote: »
    Many thanks for that,
    Under the current regulations I think you calculations are correct.
    It will be interesting to see what the mandatory reconsideration brings.
    (Is that the way they would apportion the student loan*over nine months)
    I will still let the MP's do their job, it still seems grossly unfair that being forced to apply for UC there is no transitional relief, regulations can and do change , if it is manifestly unfair(or am I being naive!).
    Regards,
    Stuart.

    This is what the link says about student income:

    “Student income
    Students in advanced education can normally receive financial support through various educational loans, grants and bursaries, which provide for their basic maintenance and living expenses. These include:
     loans
     loans and a combination of grants or bursaries
     grants and/or bursaries
    The maximum amount of loan or grant available to the claimant is the amount taken into account when calculating a universal credit award whether or not they take up this maximum amount:
     starting in the assessment period in which they start the course or where the course is for two years or more an assessment period in which the second or subsequent academic year; and
     stopping with the assessment period in which the course ends or the long vacation starts
    The long vacation is the longest vacation during a course that is intended to last for two or more years and is for a period of one month or more. There is no student income taken into account for assessment periods that fall wholly within the long vacation.”

    I have taken this as 9 months.

    Don’t think you’re being naive at all. There are lots of little details in UC which impact the amount of benefit payable and particular groups seem to be affected most - it appears that disabled students are one of them. Drawing this to the attention of your MP is important.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Alice_Holt
    Alice_Holt Posts: 5,950 Forumite
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    edited 4 November 2018 at 6:29PM
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    benstuart wrote: »
    , it still seems grossly unfair that being forced to apply for UC there is no transitional relief, regulations can and do change , if it is manifestly unfair(or am I being naive!).
    Particularly when the government's oft repeated response has been - 'No one will experience a reduction in the benefit they are receiving at the point of migration to universal credit where circumstances remain the same".

    CPAG successfully took the government to court over the issue of loss of disability premiums when forced to claim UC:
    https://www.independent.co.uk/news/uk/home-news/universal-credit-disabled-people-high-court-government-disabled-dwp-a8398241.html

    Totally agree with calotti on this "Don’t think you’re being naive at all. There are lots of little details in UC which impact the amount of benefit payable and particular groups seem to be affected most - it appears that disabled students are one of them. Drawing this to the attention of your MP is important."
    It's a shame the government will spend taxpayers money defending the indefensible (IMO) through the court system.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • benstuart
    benstuart Posts: 21 Forumite
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    Thanks for the thorough explanation, I will update on what the politicians and Disability Rights have to say,
    Regards,
    Stuart
  • usernameisalreadyinuse
    usernameisalreadyinuse Posts: 2 Newbie
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    Am I right in thinking that this penalises Disabled Students from poorer homes as they will be entitled to a larger loan (not grant!)?
  • huckster
    huckster Posts: 4,824 Forumite
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    Seems to me after reading the thread again.

    Make sure UC applies the LCW back to the correct date. Ask for details of the student finance calculation made by UC, when they applied it against the claim for the relevant period. Has it been applied correctly ?

    Speak to the University department that assists disabled students about these issues. Perhaps they can help by making enquiries on your Sons behalf.
    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.
  • susieb
    susieb Posts: 1,512 Forumite
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    Dont forget that UC will pay in the holidays in the same way the ESA did last year.
    student finance should be the whole maintenance loan, less £110 per assessment period, divided by assessment periods hes at uni , most likely 9.
    Always on the hunt for a bargain
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