Special Circumstances for UC

[UnicornHorse]

Does anybody know if there's such a thing as special circumstances with UC?

The situation is that my children no longer live with me so I've lost the child element & the extra bedroom element.

I still see the children a lot during the daytime's eg this week I'm seeing them for 6 days. Half term I'm seeing them for 4 days.

This is where I'm hoping that maybe there might be some 'Special circumstances' or something.

Please be nice.

Why have they left? Who is their main carer?

Unfortunately I cannot think of anything in UC which is based on claimants current circumstances.

If you're treated as under occupying you could ask the Council for a Discretionary Housing Payment. There may also be Household Support Fund moony through the Council but that will depend on the scheme operating in your area, there's a lot of discretion as to how Councils use their allocation.

Thank you Bromptotoo. They are with their dad. I have 10 overnights a month.

I didn't think there was anything but thought it was worth an ask!

I am going to contact the council.

Its worth an ask but I doubt it. Have you looked at the health element if your struggling with issues like mental illness, addiction etc

Thank you youalright. I had a brief look, I am in the LCWRA group but not for conditions that I could see mentioned so I don't think so.

Once you're in the LCfWRA group there are no further increases for additional/worsening conditions.

Do you get PIP and if not might you qualify:

https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test

Bromptotoo Yes that's what I thought.

Thank you but I looked into PIP last year but only got 2 points.

Unfortunately uc will say as your only seeing them
in the daytime they do not need the bedrooms even at 10 nights a month, the main stay with their dad so it would be a no.
Also if your ex claims child element, they wont pay it twice. Special circumstances do not apply here sorry.
could you speak to your ex and see if he would pay you half of the child element? Or something along those lines? Is it possible they could move back in with you?

Thank you ComfortFoodCafe I don't know if their dad claims any UC, but he isn't willing to help me with anything.

They won't be moving back any time soon.

Just as a sad but expected update on this, I heard from UC today that the answer is no. No special circumstances, can't keep my 2 bedroom home even thought I'm up to 12 over nights out of 14 now, & I'm having the kids for 6 out of 7 days this week. 4 overnights.

I completely understand that there has to be a cut off & I understand the reasons. It's still hard though.

So are they back living with you? How old and why did they move out?

TwinkleTwinkleLittleBatgirl No they aren't. Both under 12, child arrangement at court.

Sorry I just realised I made a mistake up there. 12 overnights each month I meant.

Can you manage any work at all? Healthwise are you accessing treatment that will help you recover?

Yes surely seeking work would be better!

If you are receiving LCWRA and the single persons element (over age 25 I'm assuming, if not, the lower under 25 element) then you are probably also receiving council tax reduction to cover the majority of your council tax. Also housing element within your UC if you rent? To cover part or majority of your rent depending whether you rent privately or under social housing. These give you an approximate equivalent means tested income comparable to single persons wage on NMW after deductions. This should be enough to cover your bills and expenses, unless you are struggling with debt or a mortgage? The LCWRA element makes the difference as it is an additional just over £100 pw. I have clients in similar circumstances and I see you have a 2 bedroom home so yes you will be subject to spare room subsidy (bedroom tax) if you are renting- so presumably topping the rent up is tight. You could look into a discretionary housing payment but the criteria is strict. Also if debt is an issue speak to a debt adviser who will also help you with a budget.

I would say that if your ex is expecting you to have the children for more nights than the court order then this needs to be addressed if it’s impacting you financially.
For those commenting about you working more, some people are really not able to work more than a few hours a week, if that. It doesn’t mean they’re lazy, or exploiting the benefits system.

You can keep your 2 bed you just need to pay the additional rent deficit from the bedroom tax deduction

Thank you for the comments.

Yes it's paying the money for the extra bedroom that is the biggest chunk. Gas & electric is the second biggest chunk at £180. After that is personal items like toiletries that I need more than the 'average' person (but I don't like using that term) because of my health problems but they aren't enough to qualify for PIP

I have one debt at £40 a month so not huge but huge enough.

I have a letter from adult SS explaining why I need a second bedroom but this is being ignored so fair enough, those are the rules.

I know that if I didn't get the LCWRA then I'd be on negative each month (which is hard to get my head around!) so of course I'm grateful for any help.

I am looking for some kind of work.

Yes I'm only supposed to have the children for 6 days every 2 weeks (4 overnights) but I've been having more.

I say 'supposed to' but it's 'Any other contact to be agreed between us'. And it's building up contact to improve our relationship.

The last 2 weeks it's been 12 out of 14 days & 9 out of 14 over nights.

You can apply to the council for a Discretionary Housing Payment (DHP) which would cover the "bedroom tax" for a limited period (not indefinitely). Note it's discretionary so not guaranteed but definitely worth applying.

Have you contacted your local Citizens Advice? They can help you apply for DHP and also make sure you're getting all the benefits and discounted tariffs you're entitled to. They will also know about local provision of free/low cost food and charitable grants you could apply for.

Thank you AnotherEmma Yes I've applied for DHP & Citizens advice helped me to apply for Local welfare assistance. That's all that they offered to help me with though so I think that I will have to speak to them again. I told them that I'd seen other grants on Turn 2 us but you need somebody like Citizens advice to apply for/with you but he said that all he'd do is the welfare assistance (& I don't mean 'that's all he would do' in a negative way. I'm grateful for him helping me with anything)

It's not what you asked, but £180/month is a huge amount on gas and electric for one person in a two bed house. There could be savings to be made there?

Is it? Vasculargammon I was massively underpaying last year & didn't realize for ages so I had a debt on there & paid that off on CC, which is the £40 a month debt that I'm paying back now.

Since then they said the lowest they can make it is £180 so that's what I've paid.

I have the heating on a lot when the kids are here so I expect we get through a lot of gas particularly.

I'm no expert, but for comparison my DD is 120/month for 4 people in a 3 bed house. So yours does seem a lot. Your energy company or council may well offer free ways to make your home more energy efficient - it's not an immediate solution but long term could help a lot. 😊

Thank you Vasculargammon They did the loft insulation a couple of years ago as there wasn't any. The windows are all terrible though.

I have no idea what is the standard cost for this sort of thing!

https://www.gov.uk/government/publications/discretionary-housing-payments-guidance-manual/discretionary-housing-payments-guidance-manual

This specifically lists 'people who have a shared care arrangement' as a group of people who should be considered under the DHP process, so hopefully the LA will agree that you should get a DHP.