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Original poster

Benefit migration

22 replies

Sux2buthen · 03/09/2024 18:06

A friend of mine has been told to move to UC from tax credits.
She works part time (12 hours) due to cerebral palsy and this has always been fine.
She was refused PIP even on appeal because she seemed to cope too well.
Single mum to a 15 year old and has HA house (just background info)
I believe she had LWCRA (sp?) and has approached UC in the phone, citizens advice and scope.
Basically by migrating she will lose 500 a month and she can't live on that.
No legacy protection. She is distraught. They have said increase hours (can't be done) or get a full time job (can't be done) or give her notice 🤦🏻‍♀️🤦🏻‍♀️🤦🏻‍♀️and due to timings she would have to give notice as early as this week.
I'm just hoping someone might know something that will show this to be incorrect or beatable?
She has no spare money at all and would potentially be better off not working but she wants to work! She loves her job and she's fantastic.
Any help or advice from anyone would be so appreciated

OP posts:
Bromptotoo · 03/09/2024 18:16

Normally, if migrated to UC from 'legacy' benefits, there will be some protection at least until it is eroded.

Is there some oddity that means this does not apply?

Can she call the Help to Claim service who are set up to help with this stuff?

Howdull · 03/09/2024 18:18

She needs to try to work more hours if at all possible.

Does she have a plan in place for when her child is 18 and all the child related money stops?

weAllWanttheBest · 03/09/2024 18:21

Nothing new under the sun. Food banks lined, no luxuries, etc.

Original poster
Sux2buthen · 03/09/2024 18:26

She can't work more, she has cerebral palsy and it affects her as it is.
Thankyou I'll have a look at that and pass the info on pp.

She's cut back everything already

OP posts:
Original poster
Sux2buthen · 03/09/2024 18:27

Bromptotoo · 03/09/2024 18:16

Normally, if migrated to UC from 'legacy' benefits, there will be some protection at least until it is eroded.

Is there some oddity that means this does not apply?

Can she call the Help to Claim service who are set up to help with this stuff?

Not sure why they aren't doing it but they've said categorically no

OP posts:
Miley1967 · 03/09/2024 18:29

She won't have LCWRA if she has never been assessed for work capability before ( eg if she has been on ESA until now? ).
Once she's on Uc she can hand in sick notes and be assessed, but needs to be aware that could affect transitional protection. She should seek advice form the help to claim team.

Fluffyowl00 · 03/09/2024 18:31

It will be wrong. All the call centre agents have been told to tell people if they’re disabled they either don’t work or they will be treated like anyone else and they must work. That’s not the case. They need a fit note from the GP and to jump through 1001 hoops but it can get sorted. Ask to speak to line manager

Fluffyowl00 · 03/09/2024 18:38

In the meantime I feel like a few newspaper and MPs could do with being informed about what is happening…ie vulnerable
people who are working as much as they can being deliberately misinformed and threatened by DWP, presumably in an attempt to “make them work more”.

I’ll be writing to my MP about it and will in 6
Months time be putting in a FOI request to find out who is behind this deliberate misinformation.

Disgusting.

Original poster
Sux2buthen · 03/09/2024 18:38

She has been on ESA. Sorry if my answers are a bit clueless, I'm not fully aware of all the details but I promised I'd look into any other avenues to help as she is very distressed.

I hope you're right and this is wrong because it's so unfair

OP posts:
Original poster
Sux2buthen · 03/09/2024 18:39

Fluffyowl00 · 03/09/2024 18:38

In the meantime I feel like a few newspaper and MPs could do with being informed about what is happening…ie vulnerable
people who are working as much as they can being deliberately misinformed and threatened by DWP, presumably in an attempt to “make them work more”.

I’ll be writing to my MP about it and will in 6
Months time be putting in a FOI request to find out who is behind this deliberate misinformation.

Disgusting.

Absolutely. I have suggested writing to MP etc in the long term but obviously short term is still a massive problem

OP posts:
librathroughandthrough · 03/09/2024 18:41

I know the WCA and PIP applications are entirely separate but it’s unusual to be turned down for PIP if your condition affects you so much you can only work 12 hours. Surely the things that prevent her from working more hours would help score pip criteria points ?

AnotherEmma · 03/09/2024 18:42

Very difficult to advise a third party when you can't explain the full picture.

You say she was on ESA; it's important to establish whether she is currently on it or not. If it was stopped, when and why.

She also needs to make a new claim for PIP asap, and get help with the form from her local citizens advice. I refuse to believe that they can't help her. You could help her to contact them.

AnotherEmma · 03/09/2024 18:45

"She was refused PIP even on appeal"

There are 2 stages to challenging a PIP refusal. The first is requesting a Mandatory Reconsideration and the DWP doesn't often change their decision. The second stage is appealing at tribunal and there is a higher chance of success at that stage.

If your friend did the first step and was unsuccessful, depending on when that was, she might be able to submit a late appeal. Again she will need to contact her local citizens advice to see if they can help.

Fluffyowl00 · 03/09/2024 18:47

Yes my aunt had similar. Was
told she’d have to work more (she has degenerative disease and works as much as she can). Work coach was rude and unsupportive. Spoke to someone else who backtracked on everything but tried to imply ‘she’d got her wires crossed’. It is now sorted but seems she will probably be a bit out of pocket as ‘she should have done it properly and got a fit note months ago’ (she wasn’t told to do that). She still doesn’t really understand what she needs to do.

What was it they promised again? Something like you will be better off on universal credit if you work?

AnotherEmma · 03/09/2024 18:51

If you are claiming UC and not able to work full time due to illness or disability, you have to tell them and provide 'fit notes' from the GP until you are asked to complete a UC50 and do a work capability assessment.

www.citizensadvice.org.uk/benefits/universal-credit/if-youre-sick-or-disabled/getting-universal-credit-if-youre-sick-or-disabled/#h-tell-the-dwp-you-have-difficulty-working

Miley1967 · 03/09/2024 18:54

Sux2buthen · 03/09/2024 18:38

She has been on ESA. Sorry if my answers are a bit clueless, I'm not fully aware of all the details but I promised I'd look into any other avenues to help as she is very distressed.

I hope you're right and this is wrong because it's so unfair

Ok so if she is in the support group of ESA already ( currently ), then she will automatically get the LCWRA element added to her UC claim and will have no requirements to work more hours. It may help for her to leave a journal message when she moves across just so they are aware that she has been on ESA. If any part of her ESA claim is contributions based then that will continue to be paid alongside UC but deducted in full.
In no way would she be better off not working. On UC she will get a work allowance meaning that she will likely be able to earn a significant amount before she loses any of her UC award, sorry can't remember exact work allowance figure- maybe £404 a month? If earning over this she would lose some UC but will be a lot better off by continuing to work even a few hours.
If she needs reassurance she needs to speak to someone who knows their stuff like the help to claim team who operate through citizens advice.

Original poster
Sux2buthen · 03/09/2024 19:02

Right. Thankyou all I feel a bit encouraged, she's such a great lady I really want to help her

OP posts:
AnotherEmma · 03/09/2024 19:03

Citizens Advice will also ask if she is renting and if she is claiming Housing Benefit atm.

Original poster
Sux2buthen · 03/09/2024 20:50

I should mention that it's a term time only job that is paid over 52 weeks but works 39 so they are saying it's less than minimum wage but it isn't

OP posts:
Miley1967 · 03/09/2024 20:53

Sux2buthen · 03/09/2024 20:50

I should mention that it's a term time only job that is paid over 52 weeks but works 39 so they are saying it's less than minimum wage but it isn't

If she has LCWRA on her claim she has no requirements to work at all but will be better off by doing so.

Bromptotoo · 03/09/2024 20:59

If she's on ESA how much does she get every week/fortnight?

The answer to that will tell us what's expected of her now in terms of moving back into work.

ESA has a concept of 'permitted work'. If you do fewer than 16 hours and earn less than £183.50 ESA is not affected. But they'd actually be better off on UC if in ESA Support (LCfWRA).

If only incapable of Work then I'd expect money to be much same.

Original poster
Sux2buthen · 03/09/2024 21:18

I'll have a chat to her tomorrow and find out👍🏻

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