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Original poster

Universal credit child element special circumstances

17 replies

Piglet1111 · 26/06/2022 15:07

Hi, new here so hopefully this post arrives OK 😂 just looking for some advice, I have recently involved police in regards to my ex partner, we have a 2 year old son together. I was advised I could possibly apply for my son on my universal credit claim, I currently have 3 other children so get no element for my youngest.
To try cut a long story short, my ex is abusive, verbally and emotionally, at some points sexually towards myself and more recently physically violent towards my oldest son (17). Hence why I have now involved police. I spent a year and a half of our 2 year relationship attempting to end our relationship, I then found out I was pregnant. I am ashamed to admit I wanted to consider not going ahead with this. My ex partner emotionally blackmailed me into going ahead with the pregnancy.
Having kept all this to myself for so long and now having spoke to the police about the majority, not all of the incidents, I am having a hard time coming to terms with it all. I have made contact with UC, my anxiety is through the roof. I am just wondering what to expect? Has anyone been through this? I understand that I could be anyone saying anything and they do need to look into things, I just want to prepare myself, I know it seems silly I am doing this now and not when my son was born, this has genuinely taken so long for me to speak up

OP posts:
LakieLady · 26/06/2022 18:36

Women's Aid might be your best bet for advice, OP.

I work in welfare rights, but it's not something that I've ever dealt with. I know what the rules say, ie exception from the 2-child rule in cases of non-consensual conception or where control and/or coercion have occurred in the relationship, but how that is processed and what sort of evidence is required to support your case that this exception should apply, I have no idea.

Women's Aid will undoubtedly have come across this, and if they can't advise, they should be able to signpost you to someone who can.

It might be as simple as putting a note on your journal saying that you believe that your youngest is exempt from the 2-child rule because of exceptional circumstances, ie control/coercion perpetrated by his father. It might help if you quoted the reference to the relevant regulation, which I could probably look up for you if you wish.

Original poster
Piglet1111 · 27/06/2022 14:22

Thank you so much for your reply!

Its actually taken a lot of talking to domestic abuse helplines and being advised to contact a rape crisis helpline for me to now admit how my son was conceived. This alone is a lot to deal with and far off of being ready to go to police. So in the form of evidence there is none really. However they are going ahead with charges for threats to kill me and my children.

It is hard to find much advice about this, for obvious reasons I'm sure! Anyone who has been through the special circumstances will not want to talk about that!

I will definitely contact womans aid, this actually seems the best idea, so thank you for advising that!

I have popped a message in my uc journal but as of yet no response, I'm hoping they will be helpful to and guide me correctly

OP posts:
fizzwhizz1 · 27/06/2022 18:58

There's a form you fill in when the baby is born. If baby is the product of rape and the rape has been reported then its quite straightforward. If its due to a controlling relationship you need someone familiar with your situation to fill in the form. Someone that can confirm they believe you were in a controlling relationship. Did you speak to your health visitor or midwife about your circumstances? No idea how it works now your child is two, but sounds like womans aid would be the place to start. Also good you've got the police involved. They should have a person that you can talk to about this? I'm so sorry you've had to go through this. Good luck and please keep us updated!

Mummaof4xxx · 20/10/2022 18:33

Did you get any feedback? Currently doing this myself, after 12years with my abusive ex and leaving him nearly 3 years ago i have just applied for my son (4th child born in 2018) wondering if it is backdated? Let me know what happened with yours please.

C x

fatgirlslimmer · 20/10/2022 21:57

Yes you can if the child was conceived during coercive control. A form is completed and signed by a DV worker, woman’s aid or similar. Once this is done UC do not question it.

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/810743/support-for-a-child-concieved-without-your-consent-0619.pdf

there is a link somewhere to who can sign in your area I will see if I can find it

fizzwhizz1 · 21/10/2022 18:05

@fatgirlslimmer Thanks that's really helpful. Can I ask if you've had experience of this or is this a field you work in?

fatgirlslimmer · 21/10/2022 22:45

Yes to both questions

fizzwhizz1 · 22/10/2022 20:08

@fatgirlslimmer Thanks so much for sharing and more importantly well done for being a survivor and staying strong! Do UC really not question you? I can imagine the extra child element being 'missed' off a payment occasionally and the trauma of having to ring up and explain would be awful!

fatgirlslimmer · 22/10/2022 20:10

No there is no question if the evidence is submitted the child element is awarded. If UC did make an error and not pay it then you wouldn’t have to explain just refer them back to the signed evidence.

Lomicat · 27/08/2024 18:57

Hi. I am in this situation. Due to sexual abuse I suffered my other two children were removed until I was on a place of safety with my baby who was conceived without consent. They are now returned and of course I am affected by the two child benefit rule. My social worker filled the form in and I handed it to the job centre. Does anyone know how long it takes to be processed? Many thanks. @fatgirlslimmer

fizzwhizz1 · 27/08/2024 19:28

@Lomicat ages! Its very unusual and most staff aren't aware of the exception. You need to keep chasing it up. Probably 9 months to a year.

Lomicat · 27/08/2024 19:42

Hi.
Thank you for your advice. @fizzwhizz1 I hope it doesn't take that long as it's a nightmare situation. The man was sympathetic at the jobcentre though as it was difficult to speak about. I will phone them up tomorrow and see what is happening.

Carol4155 · 15/11/2024 22:06

Lomicat · 27/08/2024 18:57

Hi. I am in this situation. Due to sexual abuse I suffered my other two children were removed until I was on a place of safety with my baby who was conceived without consent. They are now returned and of course I am affected by the two child benefit rule. My social worker filled the form in and I handed it to the job centre. Does anyone know how long it takes to be processed? Many thanks. @fatgirlslimmer

Uc have my ncc1 form just now , it's taken 2 weeks , desicion maker messaged today to ask why I hadn't reported earlier, which the obvious answer is I didn't know it was even an option. Hopefully they backdate as they owe £10,600 if they do , if they don't I will appeal x

Lomicat · 16/11/2024 00:51

Hi.
I should have responded but it's been manic at home lately. I took my form to the job centre and they were actually sympathetic
I was dreading taking it in as it's a traumatic issue and you do sometimes get some unsympathetic staff there. They sorted it out immediately. I think maybe they have bec motre aware of this issue. As in many ways you are reliving what happened again. I'm glad you got yours sorted too. Xxx

Carol4155 · 16/11/2024 02:05

Lomicat · 16/11/2024 00:51

Hi.
I should have responded but it's been manic at home lately. I took my form to the job centre and they were actually sympathetic
I was dreading taking it in as it's a traumatic issue and you do sometimes get some unsympathetic staff there. They sorted it out immediately. I think maybe they have bec motre aware of this issue. As in many ways you are reliving what happened again. I'm glad you got yours sorted too. Xxx

Did u get backdated xx

Saphuel · 22/04/2025 11:53

I know this post is months old.... did they backdate your payment? Thanks :)

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