Re: UC Hearing Monday 7th Need Urgent Advice

I have a UC hearing on Monday at 2.00pm so hope someone might pick this up before then.

I moved to my current flat last April, its an over 55's supported accommodation with 2 bedrooms,
UC initially refused to pay the 2 bedrooms, I asked for an MR, and it was overturned. At the same
time my housing association said I could claim HB, and that the council were allowing applicants
from this new development to claim and have no problems with 2 bedrooms. I applied while UC were
still considering their decision. HB said I couldn't and this roundabout went on for a few months.

Eventually I had one month at 2 bedroom rate on UC, then HB took over. What I didn't know was that
I essentially lost my legacy payment when asking for the 2 bedroom, and there seemed to be no
way back.
I asked for a 2nd MR despite many journal entries asking for advise, I managed to get a caseworker
who seemed excited about handling this case, then right at the last minute has decided that as I hadn't
actually had overnight care in place, we were initially still in lockdown, then DWP should not have
given the 2 bedroom rate to begin with, and should reinstate the legacy payment.

I am concerned about this take on things, should I go forward with the hearing? Or withdraw? It's
a far way off the stance that was going to be taken which was despite there being no point in law
it would have possibly been forwarded to Higher Tribunal.

I applied for 2nd bedroom care in good faith, but despite that I can't help this feeling of unease about
it all. Will I create problems for myself?

Due to Covid, shielding and (granddaughter planned to help) thenI caught Covid long story but it
ended up almost impossible to navigate overnight care with college and me trying to shield as I was
expecting to have surgery and LTC. Even now, 2 of my granddaughters have recently caught Covid
so the long lasting upset to care and even seeing family has been extremely complicated.

Urgent advice needed.

Hi Gary

Thanks for your reply. The issue is UC, I lost my transitional payment due to them allowing the 2nd bedroom. I am eligible to claim HB which is what I did, and asked UC to reverse the decision and reinstate my transitional payment. I lost this along with the top up UC payments we received all at the same time.

I had a hearing yesterday, the judge spoke to my caseworker and advised her to think carefully before proceeding, stating that on 10 May I had said I needed a 2nd bedroom for care in a telephone conversation.

It wasn't a telephone conversation but a usual journal entry answering their question. I thought it should be the same as PIP, as in do I need a 2nd bedroom for overnight help, not do I have. If that makes sense.
The hearing adjourned and the judge was very hostile, I'm unsure as to whether to proceed. It didn't seem he
had read the new information or my journal entries requesting information before I requested the 2nd bedroom rate.

Any advice would be welcome .... I'm not sure I'm on the right path?

Thanks .... Misty

Hi Gary

I'm trying to reverse the decision of accepting the 2 bedroom rate. I am seeing an adviser. but I'm concerned
about what happened on Thursday.
I lost transitional payment, over £100 as it was taken off when I asked for the 2 bedroom rate. I hadn't realised
this would happen.

As circumstances happened that I couldn't physically have someone in overnight, due to shielding, covid
and various other external issues, its why my adviser is going down the route of stating I didn't have the overnight
care in the end.

What is your take on these circumstances? I realise it's unusual

Thanks ...