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ESA, Child Tax Credits & UC
- Xzina
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1 year 10 months ago #277854 by Xzina
ESA, Child Tax Credits & UC was created by Xzina
My friend recently split from their spouse. Prior to this they were claiming ESA, PIP, Housing Benefit and Child Tax Credits. After they both separated households, the ex-spouse applied for UC. The DWP took some time to acknowledge that they had separated households (refusing to award SDP for some time and then later backpaying it), yet the DWP did take their ex-spouse off their ESA claim? The ex-spouse's claim for UC cancelled their joint claim for Child Tax Credits. The child lives with my friend most of the time, not the ex-spouse. My friend has been told they cannot claim Child Tax Credits and that they need to claim UC, but if they claim UC they will lose their SDP. This does not seem right to me. Does my friend have grounds to appeal?
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- Gary
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1 year 10 months ago #277856 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA, Child Tax Credits & UC
Hi Xzina
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
Your friend will need to seek help from their local Welfare Rights Organisation; advicelocal.uk where they can take all their circumstances into consideration.
In regards to SDP; There are two sets of requirements for the Severe Disability Premium.
First, to be eligible for the Premium, you need to be receiving a qualifying benefit such as the PIP Daily award that you have just received (there are others) you lived alone or were considered to be living alone and no one receives Carers Allowance against your PIP award or as a couple you can qualify if both you and your partner get a qualifying benefit (PIP daily living).
Secondly, to be entitled to payment of the Premium you need to be receiving an Income Related benefit such as ESA(IR), Income Support or Pension Credit but not Universal Credit.
As we do not have any information we can not tell you about your friends SDP.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
Your friend will need to seek help from their local Welfare Rights Organisation; advicelocal.uk where they can take all their circumstances into consideration.
In regards to SDP; There are two sets of requirements for the Severe Disability Premium.
First, to be eligible for the Premium, you need to be receiving a qualifying benefit such as the PIP Daily award that you have just received (there are others) you lived alone or were considered to be living alone and no one receives Carers Allowance against your PIP award or as a couple you can qualify if both you and your partner get a qualifying benefit (PIP daily living).
Secondly, to be entitled to payment of the Premium you need to be receiving an Income Related benefit such as ESA(IR), Income Support or Pension Credit but not Universal Credit.
As we do not have any information we can not tell you about your friends SDP.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Xzina
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1 year 10 months ago #277867 by Xzina
Replied by Xzina on topic ESA, Child Tax Credits & UC
Thanks for your reply! Sorry, if my question was confusing. My friend is entitled to SDP, that’s not the issue at hand. The question was whether the DWP can force my friend onto UC which would mean they would lose their SDP, or whether they would have grounds to appeal and get their Child Tax Credits reinstated. I feel like I read about a case where it had been unlawful for someone on ESA to be forced onto UC because they would be worse off.
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- Gary
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1 year 10 months ago #277918 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA, Child Tax Credits & UC
Hi Xzina
It would depend on why tax credits stopped in the first place, this is why you need to seek help from your local Welfare Rights Organisation as they can take all your circumstances into consideration.
Once you loose your entitlement to legacy benefits, it is almost impossible to get it re-instated. DWP will be inviting claimants in receipt of Tax credits to claim UK once the push for legacy claimants to claim UC starts.
DWP will not force a claimant to claim UC, the claimant will not be able to claim legacy benefits. If the claimant is in receipt of ESA then that will stay in place until the claimant receives a letter asking them to apply for UC, if the claimant fails to apply for UC, then the legacy benefit will stop.
Gary
It would depend on why tax credits stopped in the first place, this is why you need to seek help from your local Welfare Rights Organisation as they can take all your circumstances into consideration.
Once you loose your entitlement to legacy benefits, it is almost impossible to get it re-instated. DWP will be inviting claimants in receipt of Tax credits to claim UK once the push for legacy claimants to claim UC starts.
DWP will not force a claimant to claim UC, the claimant will not be able to claim legacy benefits. If the claimant is in receipt of ESA then that will stay in place until the claimant receives a letter asking them to apply for UC, if the claimant fails to apply for UC, then the legacy benefit will stop.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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