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PIP and Universal Credit question

SystemSystem Posts: 97 Scope community team
edited September 15 in Ask a benefits advisor
This discussion was created from comments split from: Hi, my name is Tjhuggy!.

Replies

  • TjhuggyTjhuggy Posts: 8Member Listener
    I got 11 points for pip iv appealed. But no luck so I'm at last stage iv got a letter from a helper.see how that helps....i used to be on high rate do a and low rate mobility...so I'm losin a lot of money already..im on es a now but I no it's gonna change to universal credit..will I still get the same amount of money  wen it changes...this is making me so I'll all this worrying.. PLEASE does anybody no wat will happen..thankyou
  • Debbie_ScopeDebbie_Scope Posts: 862Member, Helpline, Community advisor Chatterbox
    edited September 14
    Hi @Tjhuggy,

    First things first, we need to check if your area is full service. If you're not in a full service area we can find out when Universal Credit will rollout where you live. This will help you prepare. 

    You will stay on ESA until the DWP moves you over as part of the 'managed migration' which starts in 2019. If you're part of the managed migration you'll receive transitional protection so that you're not worse off under UC. If however you have a change in circumstances which would trigger a new claim for a legacy benefit, you'll have to claim Universal Credit. You'll be a 'natural migrant' and you won't receive transitional protection.

    An example of a natural migrant is a claimant who fails a WCA for ESA. When the ESA stops, if this happens in a full service area, instead of a claim for JSA while waiting for the mandatory reconsideration, it would be a Universal Credit claim. If the claimant is able to get through the mandatory reconsideration process without claiming and their mandatory reconsideration doesn't result in a change in the decision, they can appeal to the tribunal. Once the appeal form is lodged with the tribunal, the basic rate of ESA will be paid until your appeal is heard. If you need to claim for JSA and find it's a claim for UC instead, once you've claimed you can't withdraw from UC in a full service area.

    www.universalcreditinfo.net will tell you if you're in a full service area using your postcode.
    https://ucpostcode.entitledto.co.uk/ucdate will tell you when your area becomes full service.

    From next month the rollout is stepping up from 5 areas a month to 50 so more and more people are going to be affected by this. If we prepare now we can try and prevent some of the uncertainty and shocks that are happening with Universal Credit.

    I hope this has helped. If you need further advice let me know.

    Best wishes
    Debbie

  • BenefitsTrainingCoBenefitsTrainingCo Posts: 1,518Member, Community advisor Chatterbox
    Hello Tjhuggy

    It is difficult to say when you will be affected by Universal Credit. It depends where you live and whether you have any changes of circumstances that would lead you to have to make a new claim. I think the most straightforward way of explaining it is ...

    1) If you live outside of what the government calls the full service areas then you will not be affected at least until your area joins the full service. You can see a list of areas on the DWP site here where you can search for your local authority or jobcentre name.

    2) If/when you come under the full service for Universal Credit it becomes impossible for nearly everyone to make new claims to what the government calls legacy benefits. These are income based Jobseeker's Allowance, income related Employment and Support Allowance, Income Support, Tax Credits and Housing Benefit. You can continue to get these benefits if you already have them until at least July 2019 when the government says it will start to end them manually as part of a managed migration. We do not yet know which areas will come first from July 2019 but the process is due to start then and complete by March 2022. If you have a change in circumstances before then you may have to claim UC early and this will bring an end to any of the legacy benefit entitlements. For example if you move from one local authority area to another then it may be impossible to make a new claim to Housing Benefit and the only way you could get help with the cost of rent would be to claim UC and move to the new system. The government calls this a natural migration because it is based on a change of circumstances.

    I hope this helps
    David
    The Benefits Training Co:
    Will Hadwen
    Lee Kempson
    Jayne Knights
    Mary Shone
    Maria Solomon
    David Stickland

  • Sam_ScopeSam_Scope Posts: 3,352Administrator Scope community team
    Hi @Tjhuggy
    Did you see these responses?
  • TjhuggyTjhuggy Posts: 8Member Listener
    I got 11 points for standard rate...my appeal was opposed what can I do next...i definetly shud of got more points...iv got my Dr.helping me now...also I'm signed mentally impaired by my Dr.on 14th September so I don't have to pay the new scheme to do with council tax..i didn't get a single point out of 12 points for my daughter who lives round corner and she helps me much mote than the 3.5 hours a week...they have Saud a few lies in there letter.the main one is that I said I could communicate...i don't even get my tablets which ate delivered Tuesday and Thursday because I don't like anybody coming to my house please let me no what I can do next.i only need one point.thank you
  • poppy123456poppy123456 Posts: 103Member Talkative
    You say your appeal was opposed? Did you ask for a Mandatory Reconsideration first? Then did you take it to Tribunal appeal courts?

    PIP is so different to DLA and it's not award based on the amount of hours your daugher looks after you. It's about those descriptors and gaining the points for the ones that apply to you. Which part have you got Standard award for mobility or daily living? you say you got 11 points but for which one?
  • TjhuggyTjhuggy Posts: 8Member Listener
    Daily living...yes I did the majority letter 1st by myself then I got a support worker from connect to help me with the appeal...wen I got all the paperwork back I cudnt believe some of the things they had wrote abt me..my support worker thought I would of got at least  15 points.. I was so shocked that I didn't even get a court date....i really have server bi polar..i haven't been into town on my own for over 8 years.  Thankyou
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 1,518Member, Community advisor Chatterbox
    Tjhuggy,

    So you've had your mandatory reconsideration notice, and you've appealed, but it sounds as though something has gone wrong before you got a hearing, and I'm not sure what. Do you know why you didn't get a tribunal hearing date? Or is it it possible that you haven't got a date yet, but you will do eventually?

    When you talk about the paperwork, could that be the DWP bundle which includes a copy of the assessor's report? Please don't be put off by that as the tribunal will ask you for your own evidence which you can give verbally, and you can explain where things in the report are wrong.

    I'm just concerned now with why you haven't got a hearing date. Can you tell us a bit more about what has happened since you appealed? It can take ages to get a date for the tribunal sometimes, but if your appeal hasn't been accepted, we need to know why. Did you say on your appeal form that you wanted to attend the hearing? Is it possible a paper hearing (without you being there) went ahead without you?

    Sometimes appeals can be 'struck out' but it's quite rare. That could happen if you failed to do something the tribunal asked you to do, or they think you failed to co-operate in some way, or they think your appeal has 'no reasonable prospect of success'. That doesn't sound very likely here but let us know if you think any of these things happened. Another possibility is that your appeal wasn't valid because, for example, you didn't include the mandatory reconsideration notice. If that happened, it would be worth asking the tribunal clerk to have another look and give you a chance to supply the missing information/documents within a certain time.

    You might need more advice on this and you could try taking the paperwork to a local CAB, and maybe ask your support worker for help doing this. That's because it might be difficult for us to work out what has happened here on the forum, but someone looking at the paperwork would hopefully spot it and be able to advise you on what to do next.  In the meantime, I would also claim PIP again, just in case you are not able to get any further with the appeal - you can't backdate PIP at all and at this point you want to make sure you don't lose any more money.

    Will 


    The Benefits Training Co:
    Will Hadwen
    Lee Kempson
    Jayne Knights
    Mary Shone
    Maria Solomon
    David Stickland

  • TjhuggyTjhuggy Posts: 8Member Listener
    I said that I was willing to go to court hearing with my daughter.....i might phone up and ask what is happen in first then I can let u no..thank you so much
  • TjhuggyTjhuggy Posts: 8Member Listener
    Hello I rang  up the appeal court place and they said it cud be up to 5 ...6...weeks before I hear something....they told me to send all new paperwork which will help me...iv got letter from doctor...and letter from a worker who's been help In me...hopefullyy I shud get more than the one point I'm needing...i no I should be on the higher one... thank you...iv found yr help so helpful 
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