Mixed Age Couple already on UC
Apologies to all if this has appeared on another thread, but I’ve looked through so much stuff, am now totally bemused :-( . This case was referred to me yesterday.
Couple, one on State and Occ Pensions (since last year) and PIP Enh on both components. Partner is unwaged, on DLA HR mob and LR care, and she is 18 months away from SPA. They have just had their 2 grandchildren returned to their care and are coming up to the finalisation of an arrangement order. They seem to have been steered towards claiming UC in order to receive an element for the children before going back into court. UC has been paid from 11/04/19. They now have to pay towards Council Tax again, have an HB o/p of over £300, and significantly less income than they had been expecting.
I only have limited information on the amount of UC being paid: there are elements for the children, and a carer element, but I think they’re missing out on LCWRA.
They would have been entitled to Carers Allowance and a bit of Pension Credit, if they’d applied. So could we do this? Would it be an “on-off” payment? I’m concerned about making a claim for Carers Allowance and the likelihood of causing a UC overpayment.
Am I missing anything? Now that UC is in payment, presumably we can’t go back to legacy benefits? And we can’t jeopardise getting something for the children.
PS They don’t need to engage with any work coach, the UC was claimed on a visit by the S/Worker and the DWP home-visited to secure the ID etc. I think I’ll have to request the LCWRA on an MR form.
Depending on the dates, and if you act fast, you may be able to get them onto PC.
Generally, entitlement to UC means they cannot get PC (UC(TP) Regs, reg 5(1)).
However, if their current AP began prior to 15/5/19, and if they make a request during this AP for their UC award be terminated, entitlement to UC will end from the start of the current AP (see paragraph A4130 here).
They would then be able to claim PC, backdated to before 15/5/19.
Thanks so much Charles. Would they be able to also get the child additions in the PC? Gran says the children didn’t come back into the household until 11th April, which is also the date of the UC claim. And do I need to check with our HB team on getting HB back into payment once the UC were cancelled?
- I’m very concerned that we will leave the family short of resources and evidence of resources if the arrangement order hearing coincides with everything changing over.
Yes they will get the child element of PC. New Tax Credit claims for pensioners (including MACs) without an SDP were abolished in February.
The risk is that the Council subscribes to the myth that once you have had contact with UC there is no possibility ever of reclaiming legacy benefits, so you have to fight to get the HB awarded and that has a knock-on effect on the family proceedings
There shouldn’t be a problem getting the children included in PC.
HB will be the same as the PC: once the UC has been terminated, the pension-age member of the couple would claim HB backdated to before 15/5/19.
From what you say, their current AP probably began on 11/5/19, so they would terminate the UC claim, and then claim PC and HB with a request to backdate both to 11/5/19.
Their next UC payment is only due 18/6/19. It’s very possible you could get PC/HB back in payment by then, but I don’t know much about the timescales for claims.
Thanks so much, Charles and Anorak. Working alone makes these pages and the astounding levels of expertise absolutely invaluable!
BIG THANKS to Charles (and Anorak). We followed your recommendations and PC GC was awarded back and the clients have today had the decision on the child additions confirmed and payment awarded. Just getting the HB sorted this week. They’re Extremely grateful and relieved!
Applause, Applause to Rightsnet Forum!!
Yay ... great result!