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Change in circmstances

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6 years 2 months ago #206336 by ray charles
Change in circmstances was created by ray charles
Hi everyone.
I will try to keep this as brief as possible.
I am in in the ESA support group and receive the severe disability premium I am also in receipt of lower rate care and higher rate mobility of PIP and have been since 2015. My next assessment is due in 2019.
14 months ago I was involved in a serious road traffic accident which I am still recovering from and, from which, I require a further operation.
I have NOT notified the DWP about a change in my circumstances for two main reasons.
Firstly, I live alone and have just been to ill and physically incapable of attempting it and secondly I dont think it will have any effect on the amount of benefit that I receive.
My intention was to bring it up at my next assessment in 2019 as, at the moment, I am still not very well and don't want to put myself through another stressful assessment at this time.
Could anyone tell me if this is somthing that I need to inform the DWP of or is it OK to inform them at my next assessment.
Another question I have is regarding the severe disability premium.
It's a bit difficult to find info on this, but as far as I can tell it is being abolished when a person is transfered from ESA to UC. I think people already in receipt of it, like myself, will keep it (although it will stop being index linked) unless there is a change in their cicumstances.
My question is will my road trafic accident be viewed as a change in circumstances (in regard to UC change over rules) even though I don't beleive it will effect my existing benefit payments. The roll out in my area is November of this year, so if the road traffic accident is notifiable and would be regarded as a change in cicumstances should I do this before November.
Hope I have made myself clear.

Thanks in advance
Ray.

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6 years 2 months ago #206354 by Gordon
Replied by Gordon on topic Change in circmstances
Ray

I'm afraid I cannot tell you that you do not need to inform the DWP of this accident, however, they are usually not that bothered if a claimant does not notify them of a deterioration in their conditions.

Whenever you notify them, it will not be considered a Change that requires a switch to Universal Credit.

The Severe Disability Premium is not payable under Universal Credit, if you are transferred to UC as part of the DWP's managed migration in a couple of years time then there is Transitional Protection which will maintain the level of payments that you have at that time.

However, if you are required to claim UC before the DWP transfer you, then there is no Transitional Protection and you will only receive the calculated amount.

In the interim then you will only be required to claim UC if you need to make a claim for UC if you need to make a new claim for one of the benefits that it covers. For example; if you move from one Local Authority to another and the new one is a UC Full Service area then a new claim for Housing Benefit would result in a claim for UC.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 2 months ago #206361 by ray charles
Replied by ray charles on topic Change in circmstances
Hi Gordon, thanks for the reply.
You've really cleared things up in my mind regarding UC and severe disability premium. I think this is a worry for many people.
As I said earlier I have every intention of informing the DWP of my RTA but I am tempted to leave it until my next assessment as I can't possibly deal with form filling and collecting supporting evidence at the moment, especially with my operation coming up in a few weeks.
I am well aware of the DWP's incompetence and malevolence and there is no way I could peruse an appeal in the event of them jumping to a wrong conclusion regarding my condition. Hopefully they will show some understanding of my situation and as there hasn't been an improvement in the level of my disability they could not say I have been claiming benefit that I am not entitled to.

Kind regards.
Ray
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