How to fall out of the benefits system without your disability changing one bit

Both client and partner work self-employed and have done so for over 12 months.

He gets DLA (LRC only, severe hearing loss), and as a consequence receives Working Tax Credit as a disabled worker.

Welfare Reform blow #1 – DLA converted to PIP, 2 points only – communication.
Welfare Reform blow #2 – Loss of qualifying benefit ends TC award, and it’s a UC full service area
Welfare Reform blow #3 – UC claim terminated in the first month as Minimum Income Floor applies to both partners and results in Nil award. MIF means that they will never qualify for a UC payment in current circumstances.

As far as I can see (and I needed help to get this far) the MIF will not apply if the claimant goes through the WCA and is awarded LCW at the very least, and MIF will not apply to his partner if PIP is restored (MR in progress) and she is accepted as his carer.

In (almost) one fell swoop, a disabled claimant who is trying to make the best of things by working falls out of the benefit system without there being a single change in his actual disability or other circumstances.

He loses out because factors which helped his DLA claim are no longer taken in to consideration in PIP; also because UC lacks the ‘disadvantage’ test that Tax Credits had (and the link to receipt of PIP); because UC redefines disability, to his disadvantage; because the MIF applies until and unless considerable hurdles can be cleared; and because there is no transitional protection because he ‘naturally’ migrated.

Could he not still have got WTC under Condition B that enables folk to carry on getting the disabled worker element if, in the 26 weeks before the claim, they had disability premium in a housing benefit claim, for example?

He was scooped up by UC before he spoke to an adviser. Arrrrrggggg…....

:-(

well, at least you have used correct terminology; BLOW AFTER BLOW