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Capital changes that fall within same AP
Newly referred client. Was bereaved of his wife on 17th January. He was on Carers Allowance and Enh PIP. The only means-test benefit claimed previously was Council Tax Reduction. He claimed and was paid UC and has also begun to receive Bereavement Support monthly payments.
In Assessed Period 27 April to 28 May, he received a lump sum of £21k. In the following weeks he spent about £13k - solicitor’s fees, car, new front door, electrical works, oven and washing machine, Enforcement Agents, so by the end of the AP, the capital was back way below £16k. He says he told UC, but was dismissed - “you’ve had the money, so that’s it!”
I’ve advised that he make a fresh claim for UC and that he also needs a late MR to request a reassessment to take account of the essential expenditure.
1 is this the correct advice?
2 how do UC treat the changes when they fall within days of each other? If they accept the late submission and his expenditure, will they reassess from the start of the same AP? (It just seems incongruous!)
I’ve advised him that he’ll need to produce original receipts to show his expenditure, but he’s too disabled to go to the office and is very anxious (as am I) that posted receipts could fall into the abyss of UC MRs and Complaints.
Thanks everyone
Elaine
They certainly should reassess from the start of the AP, so he should never have lost entitlement. If it’s true that he informed them about the expenditure, then you can request an any time revision of the decision on the grounds of official error.
They certainly should reassess from the start of the AP, so he should never have lost entitlement. If it’s true that he informed them about the expenditure, then you can request an any time revision of the decision on the grounds of official error.
Charles, I am forever indebted. Thanks so much
Wouldn’t an any time revision be sent to the black hole previously known as the Decision Makers?
Wouldn’t an any time revision be sent to the black hole previously known as the Decision Makers?
that is indeed my worry, Dan. I feel am still in my novice days for UCFS challenges, and have up to now used MP intervention or partnership manager to find a way through to correcting errors. So am not sure where this one will go yet.
Client can’t remember when he told UC of his expenditure and he says someone is going to visit him, but this may be from Health and Disability as he’s putting in med evidence. He’s very disabled and details are still a bit vague :-(