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.

Thank you Lougle I hope so.
It's just a little bit soul destroying every time I have to explain to somebody new, why I don't have the children with me & then why I think that I need a second bedroom, & then they can't help me with anything anyway.

I’m sorry but finding this hard to follow. You say it’s court ordered contact but you are having them overnight much more than the court ordered. Can you go back to their dad or court to get the arrangement properly formalised. If you are not resident parent I assume he claims child benefit for them. Gingerbread says if parents share contact usually the default resident parent is the one who claims child benefit for them. How old are they? Any chance you can have the child benefit to you as this also gives you NI credits up to them being 12.

https://www.gingerbread.org.uk/find-information/housing/bedroom-tax/

Yes he's now getting the child benefit too.

Set days are court ordered but any other days & decided amongst us (obviously with dad having the final say)

So in reality it's 'Can you have them this extra day/do you want an extra over night tomorrow?' etc. and I end up having them a lot more, which I'm not complaining about at all as it's lovely

He won't let me have the child benefit back.

You only got two points for pip in total but you are too unwell to work according to the UC? That seems quite a big discrepancy.

Maybe try the test again?

sorry just based on your post would you consider downsizing unsure of your housing situation and obviously if the kids may come back but just a suggestion also if you’re struggling to pay food bills etc always try local charities and church
projects many don’t require a voucher unlike food bank

Yes, DiscoBob. I did have another quick go on the 'See if you could qualify' online & it was still 2 but I will try & do it properly again.

I will downsize I'm already looking. This has all only just happened so I'm just finding my feet.

Have you applied for any grant to help clear the e&g debt ? Surely if it’s causing hardship the supplier has to reassess it

datgyalb I don't think they will reduce it now but I might contact them. I'm nervous to speak to them, as they were absolutely 0 help before & that's why I ended up putting the debt on CC (I don't really use the CC, once in lockdown for the dentist then I paid it off)

The criteria for both benefits is different

Yeah I guess so. I'm on both but I don't actually know what the assesment is like for UC as I just got migrated without one. The one I did before was for ESA.

I just thought it might be worth looking into it again.

You would only get the extra room if you're on pip and need an overnight carer (or had a partner and couldn't share a room)

Thank you TigerRag

Are you increasing contact with a view to your kids returning to your care? If you’re having them 12/4 or 9/14 nights then you can reasonably be considered their primary carer and therefore entitled to child benefit etc. You need to have a conversation with their dad because at that level of contact you’d also be entitled to maintenance. He either reduces contact back to the court order or gives/enables financial assistance for you to care for them - he can’t have his cake and eat it.

Hi Jellycatspyjamas No they won't return to my care, unless it goes back to court. He won't allow that. He won't allow me the CB.

The contact will be less now that schools are back, it was more over the holidays. Although I'm now having more overnights than court said.

I was paying him maintenance before court & have stopped this & he is angry about this.

I pay for my eldest child's lunch money still.

Are you saying you are getting the 1 bedroom LHA rate for a private tenancy or just entitled to the shared accommodation rate in UC now @UnicornHorse ? (The shared accommodation rate affects private single renters under 35 and is less money than the 1 bedroom rate)

If you are only getting the shared accommodation rate, there are some special circs which mean sometimes people can get the 1 bed LHA rate even if they are single and under 35 with no children on the UC claim.

When you say days, I assume you mean just daytime and not overnight?

So going forwards during school time, it will be 12 days out of 28 for me.

10 overnights out of 28 (instead of 8 that court said)

& Both children overnight at the same time sometimes, instead of just one, that court said.

Unless my ex wants me to change anything.

Although saying that, I don't even don't know what counts as a 'day' really, as 2 of those lead to me giving the children breakfast the next day too so does that take it up to 14 out of 28?

Spinningonthatdizzyedge It's the 1 bedroom LHA although this 2 bedroom isn't expensive (I'm very lucky there) so there aren't many 1 bedrooms at the LHA rate around here & most of them are the same price or much more expensive than my 2 bedroom.

Thanks @UnicornHorse but UC housing element goes off your bedroom entitlement -not your actual number of bedrooms.

So as I said - if you were under 35 in private accommodation you would probably now be getting the shared accommodation LHA rate. But it sounds like you're not, so that's good (presumably you're over 35!).

And good to hear your rent is not bad for a 2 bed

Oh sorry, Spinningonthatdizzyedge I see what you mean now, yes. I'm over 35.

I wish that it was like the old days & you could go somewhere & have a face to face chat. I find things so much harder online & over the phone, but I can't even get an in person appointment at Citizens advice now.