LCWRA Success and loss

Wot!? The DWP cannot have anything both ways? That's not what THEY think!
Denby
[sorry could not resist]

I wish that was the case, like you say they shouldn't be able to have it both ways as she isn't entitled to any benefits but somehow she is still included. It's grossly unfair. Everyone I've spoken to at citizens advice and places like that, universal credit helpline etc, seems to say the same thing though.

I certianly will try a MR, but I'm not sure how I'd go about it. The only welfare support people I can find are places like citizens advice and they all just told me that her income would be counted as my savings. Do you think there is any actual legal grounds I can protest it on? I'm certianly willing to contact someone and take the time to go through it, but I just don't know how to build a case right now as everyone seems to say "tough luck" basically. Is there someone more specialist than citizens advice I can talk to?

I don't blame you for chipping in Denby lol, honestly the current system is a disgrace. The fact this site even exists and we have to go through such efforts shows how broken it is.

Thanks Gary for the links. I had a look and managed to get a reply from a solicitor about my case. They said:

"she is a ‘person subject to immigration control’ she is excluded from a claim for Universal Credit. This means that under the Regulations she is excluded from the claim and your claim is considered as made by a single person. But any capital (or income) she has still counts. The capital rule, Regulation 18 is clear on this:



18.—(1) For the purposes of section 5(1)(a) and (2)(a) of the Act (financial conditions: capital limit)—

(a)the prescribed amount for a single claimant is £16,000; and

(b)the prescribed amount for joint claimants is £16,000.

(2) In a case where the claimant is a member of a couple, but makes a claim as a single person, the claimant's capital is to be treated as including the capital of the other member of the couple.

The capital limit is £16,000. As soon as the capital is below £16,000 you will not be above the capital limits."

So in terms of a mandatory reconsideration I don't see what I can do. Seems I have no legal grounds for it, the system is just extremely harsh and unfair unfortunately. I would appeal if I thought there was some chance of winning but I can't see any grounds I can appeal on .