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LCWRA Success and loss

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2 years 4 months ago #273421 by Anxious
LCWRA Success and loss was created by Anxious
I want to say a huge thank you to the people on this forum who helped me with my claim and also the people who created the guides themselves. Thanks to them and everyones help here, I was able to make a Succseful claim and was awarded LCWRA for 14 months! It was such a lifeline and huge relief to be awarded this and I don't think I would of been successful without the help from the guides and advice here, so again thank you so much .

I fear I am going to lose my award before even recieveing my first payment though which is devestating. I moved in with my girlfriend recently and have been told I have to make a joint claim. She is here on a temporary visa and doesn't have the right to public funds so is not eligible for UC so I assumed this wouldn't affect my claim.

Turns out though that our income and savings are treated as a single claim. She has all her savings and income from self employement in one current account which equals over £16k . I don't know if there is anyway I can get the DWP to recognise these as buisness income, which they mainly are, rather than savings and I think it is likely I will lose my universal credit now. It's absolutely gutting and such a terrible system, because she has money they now expect her to pay all my rent and bills for me? I can't contribute financially to our relationship much without UC and it forces me to essentially become a financial burdern instead. I can't believe how unfair the system is.

So now my only hope is to pursue a PIP claim, I was too scared to do this before but winning LCWRA has atleast given me some confidence. My question is, much of what i wrote for my LCWRA assessment applies to pip. Can I copy and paste parts of it, with small amounts of editing for my PIP answers or would the DWP be aware of this and frown upon it somehow?

Also Would it help or hinder my case to tell them that I was awarded LCWRA in my PIP application?

Thank you very much again for your help

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2 years 4 months ago #273430 by Gordon
Replied by Gordon on topic LCWRA Success and loss
Anxious

I would get advice from a qualified Welfare Rights worker.

My understand and it may still depend on your circumstances, is that if someone has no recourse to public funds then they cannot be considered as part of your household and therefore their income and saving cannot affect your ESA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Anxious

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2 years 4 months ago #273673 by Anxious
Replied by Anxious on topic LCWRA Success and loss
Unfortunately not, this was the impression I was under too. They just closed my claim today. My partner went to them and explained the situation and they just said that her money is classed as my money essentially and as all her money, including income from self employement is in one current account, they have to class it all as savings.

I could try manditory reconsideration of my case but I don't see what the point is as if they class her savings as mine there's nothing I can do. Very upsetting to say the least. I've spent most of the last 2 weeks writing my PIP claim atleast and have sent that off now, so I hope I can atleast get something eventually. It would still be considerably smaller amount than I was getting on Universal credit but a vital lifeline none the less.

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2 years 4 months ago #273678 by Gordon
Replied by Gordon on topic LCWRA Success and loss

they just said that her money is classed as my money essentially and as all her money, including income from self employment is in one current account, they have to class it all as savings

I suspect that this is at the heart of your difficulties by joining your money together in one account you have made it impossible for the DWP to distinguish your money from your partners and as you appear to have unlimited access to the account they have to treat it as being all your savings, if you had kept the money separate then I don't think there would have been a problem.

You can try separating the monies in order to make a re-claim but you will likely need to provide a detailed explanation of how you have done this and why and the DWP may still not accept this, that said if you can get the amount under £16,000 then a claim should be possible. You should still have your LCWRA status so there should be no need for a new assessment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 4 months ago #273713 by Anxious
Replied by Anxious on topic LCWRA Success and loss
Thanks for your reply Gordon. I think I wasn't clear enough in my original post. What I meant was, we both have 2 seperate current accounts, they are not joined in any way. The DWP are taking the total amount of her current account, the total amount of my current account and treating it as our joint "savings". This is regardless that large amounts of the money in her account is direct income from self employment and not purely savings. They told her as they have no way to verify how much of her account is really savings or not , they have to treat it all as her savings. The only way I could see any chance of me appealing my claim is if they would be somehow willing to treat part of her income as buisness money and not savings. No one seemed open to this at the job centre and I reckon there's a very slim chance of any kinf of appeal managing to get them to change their mind. I may still try anyway. The whole system is just horribly unfair, I'm left with hardly any money to contribute to rent and food etc, all my savings will soon be eaten away now as it will all have to be spent on rent and bills. Even if my account reaches zero they wont allow me back as her savings will still rule me out of making a claim. I don't know how anyone can think its fair for your partner to pay your entire bills and rent and cost of living but apparently they do . Whole thing really is quite sickening , especially after working so hard to win my LCWRA claim. I have just completed my PIP atleast and will hope for the best with that. I may write an appeal for my UC but it feels a bit of a fools errand at this point.

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2 years 3 months ago #273723 by Gordon
Replied by Gordon on topic LCWRA Success and loss
Anxious Edit

If you have no access to the money in your partner's account, cannot write a cheque against it, cannot withdraw money from it or have a debit card connected to the account then it should not be considered as your money.

The DWP cannot have it both ways, if your partner has no recourse to Public Funds then they cannot be considered as part of your household and as a result, any money they have should not affect your means tested benefits.

The decision is obviously yours but I think you have a strong case for an MR but you will likely need the help of a Welfare Rights Officer to argue your case.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, BIS, Anxious

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