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Original poster

Benefit cap

53 replies

vicki6158 · 10/04/2023 14:46

Hi there. Trying again as I haven’t seemed to have gotten an answer, so I applied for the benefit cap to be lifted a while back due to being in an abusive relationship during the time of my youngests conception. I've recently recieved a message saying they've overturned their decision and i will be exempt from the benefit cap from August 2019. Has anyone else had this? Will the money be backdated? If so does it take long? Many thanks

OP posts:
fizzwhizz1 · 11/04/2023 20:00

Following with interest. Why don't you give them a ring? If you keep get palmed off write to them asking what you have said above. Good luck

Original poster
vicki6158 · 11/04/2023 23:51

I have called and messaged in my journal multiple times but they just tell me it’s with the technical team. They won’t give me anymore details than that and I can’t seem to find anything on Google either.

OP posts:
CoffeeLover90 · 12/04/2023 08:04

Is this the benefits cap for more than 2 children? A family member had a similar message about the carers element, they back dated the money around a week later but only because I involved an advisor from a benefits support service. We'd been trying to sort it for a year at that point.

Original poster
vicki6158 · 12/04/2023 10:09

Yeah that’s the one. I asked them to lift in June. They said they would in feb and I still haven’t heard anything. A week? That’s good. How long did they get backdated from?

OP posts:
fizzwhizz1 · 12/04/2023 10:40

Yes, I was going to suggest similar to @CoffeeLover90 you need someone either from CAB to contact UC or do you have a Domestic Violence Support Worker that can advocate on your behalf? How did you get the cap lifted? What organisation helped you? Can they help you now?

CoffeeLover90 · 12/04/2023 12:39

@vicki6158 this was a while ago but I'd made them aware of her caring, they said they needed more info which I gave. They got it granted about 10 months later but it wasn't back dated. I raised a complaint, there's a form online to do it, after that it went to a decision maker and it was worded like yours 'overturned' I got an advisor involved the same day (was put in touch through CAB) and the backdated money was paid a week later, from the date I'd made them aware of the change.

Original poster
vicki6158 · 12/04/2023 13:11

@fizzwhizz1 I did it on my own. I called UC and they arranged me to have a meeting with someone in the jobcentre, I was handed to forms to fill out which social services signed as proof of DA. Sort of forgot about it until feb when they said they had overturned it. But nothing seems to have been done about it. I called CAB this morning, they didn’t really help. Just said the jobcentre are slow. I’m not complaining I just want to know if they’ll backdate from 2019. It would be amazing if they did. It would actually be life changing.

OP posts:
Original poster
vicki6158 · 12/04/2023 13:14

@CoffeeLover90 I’m glad you were able to help. I literally just want to know what happens next. Nobody will give me an answer. Do you know where you found an advisor? I’ve called CAB and turn2us. But I don’t think they really knew what I was on about. Cab said they’d never heard it overturned on the grounds of DA

OP posts:
CoffeeLover90 · 12/04/2023 13:26

I'd contacted CAB and they arranged for someone from a local benefits advice service to ring her. Check online as you may have something similar other than CAB. Hers is a totally different situation to yours, so I wouldn't like to say when it would be back dated to other than I know hers was once a third party gave them a push.

fizzwhizz1 · 12/04/2023 18:37

I think you're in a very unique situation.

I've heard of women receiving money for a third child conceived during a DA relationship, but not about the benefits cap specifically. So you're exempt from the benefits cap now? But you want to know if/how far this will be backdated? Is that correct?

I think you're going to need to involve a third party to progress anywhere with backdated money. Have you given Womens Aid a call?

Kaffiene · 13/04/2023 07:45

@fizzwhizz1 I think the OP means she has had the child element cap lifted to include her 3rd child rather the overal benefit cap.

What area are you in @vicki6158 ? Try googling your council + welfare rights or financial inclusion. Or you mention social services, do you have a social worker? You can ask them to put you in touch with welfare rights. It should be dated to 2019 but how long it takes is anyone’s guess!?!

Original poster
vicki6158 · 13/04/2023 08:31

@fizzwhizz1 actually that’s exactly what I meant. It’s the child element sorry. Woman’s aid is a good call. Thank you

OP posts:
Original poster
vicki6158 · 13/04/2023 08:53

@Kaffiene i do, I have a support worker who’s amazing. Il ask her if she can help me out. Thank you

OP posts:
fizzwhizz1 · 13/04/2023 16:45

@vicki6158 Oh right I see! So you're receiving the third child element now? But its just the backdated money you're asking about?

You definitely need a third party involved. Try Woman's Aid or see if your support worker can help! Be aware that even if you were in a DA relationship you won't get money unless you've stopped living with the father of the child. So if he only moved out recently then it won't be backdated until 2019, but if you've never actually lived with him, I suppose in theory it should be backdated to 2019!

Original poster
vicki6158 · 13/04/2023 16:54

@fizzwhizz1 well I should be, but they still haven’t had it put into place. I haven’t lived with him since I was on benefits. I only went on them after we broke up. Il get onto my support worker asap. Thank you for the advice x

OP posts:
Sux2buthen · 13/04/2023 16:54

Sorry I've never heard of this.
I have 3 and we ended up in a refuge in 2020.
I claim UC and work, should I be pursuing this?

Badbudgeter · 13/04/2023 16:59

Sux2buthen · 13/04/2023 16:54

Sorry I've never heard of this.
I have 3 and we ended up in a refuge in 2020.
I claim UC and work, should I be pursuing this?

Do you receive child element for just 2 of the children? If so I would. That extra couple of hundred pounds a month can make a massive difference especially now with cost of living increases.

LangClegsInSpace · 13/04/2023 17:03

Sux2buthen · 13/04/2023 16:54

Sorry I've never heard of this.
I have 3 and we ended up in a refuge in 2020.
I claim UC and work, should I be pursuing this?

Yes, if the rules apply:

Non-consensual conception

You may be able to get the additional child amount for a third or subsequent child if either:

  • your child was born as a result of a non-consensual conception (including rape)
  • you were in a controlling or coercive relationship with the other biological parent of the child at the time of the conception
To get the additional child amount of benefit for this reason you must not be living with the other (biological) parent of the child.

https://www.gov.uk/guidance/claiming-benefits-for-2-or-more-children#special-circumstances

Families with more than 2 children: claiming benefits

Information about Universal Credit for families with more than 2 children.

https://www.gov.uk/guidance/claiming-benefits-for-2-or-more-children#special-circumstances

Sux2buthen · 13/04/2023 17:08

Yes I do, I didn't know there was another option possible I feel quite stupid now.
Youngest is 3, we fled in June 2020, he pays no maintenance so any possible help I can find is for the best.
Thanks for posting op, I hope I can get somewhere too. And I hope you get backdated

Sux2buthen · 13/04/2023 17:09

Thanks @LangClegsInSpace I'll have a look at that

Thelonelychicken · 13/04/2023 17:13

I didn't know about this either. How do you prove it? For lack of a better word. What evidence do you need to provide?

fizzwhizz1 · 13/04/2023 17:35

@vicki6158 Oh definitely get onto UC you should be receiving the third child element going forward if they've accepted your evidence - the back dating part is always dubious but worth a try - especially since you have a support worker!

Original poster
vicki6158 · 13/04/2023 17:50

@LangClegsInSpace its worth looking at. It’s a long process. My evidence was the fact I fled to a refuge and still have ongoing support from social services due to him still making out life hell. They signed the paperwork to say that they’re involved for domestic abuse. Call the jobcentre and arrange an appointment for your claim to be looked at. They won’t just tell you that you can claim it. I went to my appointment in June and it only got accepted in feb.

OP posts:
Original poster
vicki6158 · 13/04/2023 17:51

vicki6158 · 13/04/2023 17:50

@LangClegsInSpace its worth looking at. It’s a long process. My evidence was the fact I fled to a refuge and still have ongoing support from social services due to him still making out life hell. They signed the paperwork to say that they’re involved for domestic abuse. Call the jobcentre and arrange an appointment for your claim to be looked at. They won’t just tell you that you can claim it. I went to my appointment in June and it only got accepted in feb.

@Thelonelychicken @Sux2buthen

OP posts:
Thelonelychicken · 13/04/2023 17:59

Thank you. I only asked as I think I could claim for it. Just been through the courts and got a guilty verdict but I don't really want to have to go through it all again. Will get my health visitor to look into it.

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