To post for attention on universal credit

[Forkin]

My relative has LD, is on DLA/ ESA (support) and HB. Not working

An individual has taken it upon themselves to tell her she has to apply for UC (!!!!). No professional involvement with her and I don’t know why.

First I’ve heard is her bringing letters saying her HB and ESA have stopped because of the new claim. Having LD she didn’t foresee this.

How the hell does this work? How will she pay rent in the meantime? Will she lose money?

I’m feeling overloaded trying to read it all but not feeling clear at all.

Another Emma you would not believe how frequently I have that chat. Very very often

Does she live on her own? If she was getting income-based ESA and middle rate care DLA then she should have been getting the Severe Disability Premium and shouldn't be eligible for UC.

Make sure she says to UC transitional regulation 19 applies to have her 'support' group status brought over. On UC it's called limited capability for work and work related activity (LCWRA).

It's not the end of the world tbh, apart from the initial wait for payment (which is obviously a terrible idea for people with no other incomes - and only slightly mitigated by the advance payment as it has to be repaid). She might even be slightly better off on UC. She can request an alternative payment arrangement which I would recommend if she struggles with managing money and bills. As I said, she can ask for the housing element to go direct to her landlord and she can also ask for fortnightly payments if that would be easier than monthly for budgeting.

I’ve taken her word on it getting SDP, it looks like he should. I’m going to have to unpick it

Do you know how much ESA she got every fortnight?

'Advance' my arse! It's a fucking loan!

The government memo on SDP and UC is here.

It's very recent so people are still arguing about exactly who is included but the general consensus is it applies to claimants who are entitled to SDP whether they have claimed it or not.

So if she was getting ESA, lives alone, is in receipt of DLA mid rate care or above and no-one's claiming carer's allowance she should come under these new rules.

Argh - the app seems to have swallowed a big reply I wrote out. Anyway, to summarize:

If she lives alone, gets middle rate care DLA, and no-one claims Carers Allowance for looking after her, then she should be getting the Severe Disability Premium added to her income-based ESA.

Universal Credit doesn't have the Severe Disability Premium, so overall she'd be about £40 per week worse off under UC.

She needs to close her UC claim by calling 0800 328 5644. She isn't eligible for UC if she was eligible for the SDP within the last month (doesn't have to have been actually receiving it), so they should not have awarded it (if it has been awarded yet).

Then she needs to call the ESA helpline, explain that she wants to reinstate her ESA claim, and hopefully that gets it back. If they say she can't reinstate her claim, then explain that she was entitled to the SDP and so is not able to claim Universal Credit and is able to claim ESA (a previous poster cited the regulation). If they won't reinstate her old claim, then start a new one but be aware that she will have to go through the assessment process again.

she should also contact the council and explain the same thing: because of the SDP, she is not entitled to Universal Credit and so is still entitled to claim Housing Benefit. Reinstating her old claim would be ideal, otherwise start a new claim dated from when they stopped the old one.

And do what you can to give this individual a bollocking! If they had given this advice to someone who was not protected by the SDP rule then it could have left them significantly worse off!

Some really useful posts, thank you for taking the time. I’m going to go through it tomorrow and I feel far calmer about managing it.

No idea if true, but a Welfare advisor told me they always request the forms for SDP as DWP don't automatically tell claiments about it in which case could still be entitled but been missed.

I hope so as can imagine UC online system with LD & other 'helpful' people could lead to more difficulties in future.

After 16th January 2019 any claimants who receive a severe disability premium rather with there ESA or with HB should stay on legacy benefits .. her UC claim should
Of identified this

OFFICIAl error