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Highest mobility for PIP. Should my son apply for UC?
- xerox
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1 month 2 weeks ago #295576 by xerox
Highest mobility for PIP. Should my son apply for UC? was created by xerox
I'm a carer for my 19 yr old son who has severe LC and is mostly bed/housebound. He receives highest mobility for PIP until 2026.
He has started a small business - buying and selling on ebay - and makes about £5000 a year (no savings or other income other than PIP). He does this on his phone mostly in bed and we his parents do the 'heavy lifting' (packing up stuff, sending off parcels etc).
This work keeps him going mentally or he'd get very depressed as he is very isolated.
If he doesn't recover, we're worried about his future when we're not around to pay for his upkeep and want to set him up on UC while we can (we're not in the best of health ourselves and in our 60s). But having downloaded all the info about UC, it seems that running his small business will make him fail the limited capability for work test.
I really need some pointers to where to start in terms of UC. In terms of PIP it was fairly straightforward getting it because he is unable to do hardly anything. But will he have to go through the entire process again for UC?
Or should we go down a different route and just say he's self-employed and seek a 'top-up' of UC. But then won't that affect his PIP as they will assume he is well enough to be self-employed.
Any advice gratefully received.
He has started a small business - buying and selling on ebay - and makes about £5000 a year (no savings or other income other than PIP). He does this on his phone mostly in bed and we his parents do the 'heavy lifting' (packing up stuff, sending off parcels etc).
This work keeps him going mentally or he'd get very depressed as he is very isolated.
If he doesn't recover, we're worried about his future when we're not around to pay for his upkeep and want to set him up on UC while we can (we're not in the best of health ourselves and in our 60s). But having downloaded all the info about UC, it seems that running his small business will make him fail the limited capability for work test.
I really need some pointers to where to start in terms of UC. In terms of PIP it was fairly straightforward getting it because he is unable to do hardly anything. But will he have to go through the entire process again for UC?
Or should we go down a different route and just say he's self-employed and seek a 'top-up' of UC. But then won't that affect his PIP as they will assume he is well enough to be self-employed.
Any advice gratefully received.
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- David
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1 month 2 weeks ago #295583 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Highest mobility for PIP. Should my son apply for UC?
Hi xerox,
As your son is bed/housebound there is a good chance he will be awarded LCW ( Limited Capability for Work ) by the DWP at his WCA assessment.(Work Capabilities Assessment ).
But he should not claim Universal Credit at the moment. He should claim Credits Only New Style ESA.
If he does this then although he won't get a payment, the DWP will have to give him a WCA and hopefully he'll get the LCW award. Once he has LCW, it will also apply to UC and he won't be subject to the strict UC conditionality rules and he'll also be given a UC Work Allowance. In addition he can become a student if he so wished in the future and still be eligible for UC.
If he claims UC now he'll have to attend the Jobcentre to have the compulsory self employment interviews with a Work Coach. Also most of his UC would be lost because of his self employed earnings as he has not got a Work Allowance.
He can claim UC once he has had the WCA generated by his Credits Only New Style ESA claim.
You can claim Credits Only New Style ESA on line ( link below )
www.gov.uk/employment-support-allowance/how-to-claim
Make sure you accept the statement.....
"I understand that I might not get a payment, but I may get Class 1 National Insurance credits".
This won't affect his PIP unless his health has improved since his last PIP review in which case you're supposed to inform PIP anyway.
David
As your son is bed/housebound there is a good chance he will be awarded LCW ( Limited Capability for Work ) by the DWP at his WCA assessment.(Work Capabilities Assessment ).
But he should not claim Universal Credit at the moment. He should claim Credits Only New Style ESA.
If he does this then although he won't get a payment, the DWP will have to give him a WCA and hopefully he'll get the LCW award. Once he has LCW, it will also apply to UC and he won't be subject to the strict UC conditionality rules and he'll also be given a UC Work Allowance. In addition he can become a student if he so wished in the future and still be eligible for UC.
If he claims UC now he'll have to attend the Jobcentre to have the compulsory self employment interviews with a Work Coach. Also most of his UC would be lost because of his self employed earnings as he has not got a Work Allowance.
He can claim UC once he has had the WCA generated by his Credits Only New Style ESA claim.
You can claim Credits Only New Style ESA on line ( link below )
www.gov.uk/employment-support-allowance/how-to-claim
Make sure you accept the statement.....
"I understand that I might not get a payment, but I may get Class 1 National Insurance credits".
This won't affect his PIP unless his health has improved since his last PIP review in which case you're supposed to inform PIP anyway.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Freedricka
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1 month 2 weeks ago #295589 by Freedricka
Replied by Freedricka on topic Highest mobility for PIP. Should my son apply for UC?
He should be eligible for at least some universal credit as long as his capital is lower than £16,000 definitely apply for ESA and then transfer to universal credit after a wca. For a wca the DW may try to say he could move using a wheelchair, , physical assistance from someone else doesn't count though. you need to explain the issues he would in a wheelchair chair as well as on foot e.g would he not be able to use his his hands to wheel himself 50 metres repeatedly without severe discomfort or would he need to be lifted onto a wheelchair? Wheelchair and other aids also don't count if they are "unreasonable" to use say why if this is the case. Consider becoming an appointe he may not be able to manage his claim by himself.
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- David
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1 month 2 weeks ago #295590 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Highest mobility for PIP. Should my son apply for UC?
Thank you for your comments Freedricka.
Remember with the WCA it's not about how unwell you are it's about meeting the descriptors. You can find advice about the descriptors here.
www.benefitsandwork.co.uk/?dlp=6708b8514b863
The reason why the DWP doesn't accept what is written on a FIt Note or Hospital Consultant's note regarding work is that the WCA descriptors give them ( the DWP ) a better idea of how " work ready " a claimant is ( so they say )
David
Remember with the WCA it's not about how unwell you are it's about meeting the descriptors. You can find advice about the descriptors here.
www.benefitsandwork.co.uk/?dlp=6708b8514b863
The reason why the DWP doesn't accept what is written on a FIt Note or Hospital Consultant's note regarding work is that the WCA descriptors give them ( the DWP ) a better idea of how " work ready " a claimant is ( so they say )
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: xerox
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- xerox
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1 month 6 days ago #295885 by xerox
Replied by xerox on topic Highest mobility for PIP. Should my son apply for UC?
Hi David,
Many thanks for your very helpful reply. I had no idea about New Style ESA - that is so useful.
When he does this, will he have to undergo another assessment? Or is it more automatically given?
If so, we will have to leave it a year or so as I'm not sure my son can face anymore dealings with the DWP as getting PIP was pretty exhausting for him (even though we did most of the talking for him over the hour's interview on the phone).
Would it matter if we left it a year - or is this something he needs to do asap?
Many thanks for your very helpful reply. I had no idea about New Style ESA - that is so useful.
When he does this, will he have to undergo another assessment? Or is it more automatically given?
If so, we will have to leave it a year or so as I'm not sure my son can face anymore dealings with the DWP as getting PIP was pretty exhausting for him (even though we did most of the talking for him over the hour's interview on the phone).
Would it matter if we left it a year - or is this something he needs to do asap?
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- xerox
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1 month 6 days ago #295886 by xerox
Replied by xerox on topic Highest mobility for PIP. Should my son apply for UC?
Another question for you David - I hope you don't mind.
You said applying for credits only New Style ESA would generate a WCA.
Is the WCA an actual interview at a job centre or is it a phone call? I don't want to put my son through undue stress atm and there's no way he could manage an interview in person. He's barely able to make his hospital visits for lung functions tests etc but he forces himself to do this because he has to.
You said applying for credits only New Style ESA would generate a WCA.
Is the WCA an actual interview at a job centre or is it a phone call? I don't want to put my son through undue stress atm and there's no way he could manage an interview in person. He's barely able to make his hospital visits for lung functions tests etc but he forces himself to do this because he has to.
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