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How long until a Message appears?

[Deleted User][Deleted User] Posts: 0 Whisperer
edited March 13 in Universal Credit
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Replies

  • wilkowilko Posts: 1,337Member Chatterbox
    Don’t know, but you may have to click on the message icon for the download,I’ve had secured emails where I’ve had to use a security password to get the email which only remain active for one hour once opened, bit like spy’s and secret service , this PC will self destruct in 30 seconds.
  • Adrian_ScopeAdrian_Scope Posts: 145Member, Administrator Scope community team
    Hi @ManyQuestions, if you're still unable to see the message, it's worth you logging on again and double checking as these should be instant. If you still can't see anything, give them a call, but I would also recommend adding a note to your journal, explaining what you said here, so there's a paper trail.
  • [Deleted User][Deleted User] Posts: 0 Whisperer
    edited March 13
    The user and all related content has been deleted.
  • Adrian_ScopeAdrian_Scope Posts: 145Member, Administrator Scope community team
    No problem. :) I would advise still checking your journal page between now and March 20th in case anything does show up and please let us know if you need anymore help.
  • [Deleted User][Deleted User] Posts: 0 Whisperer
    edited March 13
    The user and all related content has been deleted.
  • Adrian_ScopeAdrian_Scope Posts: 145Member, Administrator Scope community team
    edited March 14
    Hi @ManyQuestions, thank you for sharing this. It all sounds very stressful.
    I'm going to ask @BenefitsTrainingCo to take a look at your post and hopefully they can advise you in regards to your concerns about sanctions.
  • [Deleted User][Deleted User] Posts: 0 Whisperer
    The user and all related content has been deleted.
  • [Deleted User][Deleted User] Posts: 0 Whisperer
    edited March 14
    The user and all related content has been deleted.
  • poppy123456poppy123456 Posts: 8,191Member, Community champion Brian Blessed
    The advance you had when you first claimed UC does need to be repaid unfortunately.

    In the message above it said that your ESA award decision was made on 18.4.2017 which is after the date of the changes made.

    So i have 2 questions.... When you first claimed ESA was it before April 2017?

    Were you claiming ESA immediately before you started your claim for UC?

    For your housing element then you can only claim a maximum amount which is a 1 bedroom rate, as you're claiming for 2 bedrooms then you do have to pay the difference.
  • [Deleted User][Deleted User] Posts: 0 Whisperer
    edited March 14
    The user and all related content has been deleted.
  • poppy123456poppy123456 Posts: 8,191Member, Community champion Brian Blessed
    Seems like to me it was the JSA claim that caused you problems back in October 2017 because this would have meant there was a break in your ESA claim.

    I have done all i can do advise you unfortunately so i'm going to advise that you gather all your paper work and take everything you have, including all your paper work from when you reclaimed ESA after being on JSA and get some expert face to face advice from either welfare rights, a law centre or CAB. They will be able to give you face to face advice because it's now far too complicated for an internet forum.
  • [Deleted User][Deleted User] Posts: 0 Whisperer
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  • poppy123456poppy123456 Posts: 8,191Member, Community champion Brian Blessed
    You're welcome. Good luck.
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,589Member, Community advisor Chatterbox
    edited March 18
    ManyQuestions,
    I agree with Poppy. I think you should seek welfare rights advice. It does look like there was a break in your ESA claim and unfortunately that could mean if you weren't getting it (or NI credits for limited capability for work) before 3rd April 2017 that you can't get the £156.45.  Because you were wrongly told to claim JSA as a couple with your friend I would want to ask welfare rights about seeking compensation for that bad advice.
    Within UC they may call you for another assessment to see if you have limited capability for work - it's not clear if that is something they're doing or have already done. There is only one work-related activity group, but what you have to do when you are in it depends very much on your condition and the discretion of your work coach.
    As regards going to the hospital and so on. If your work coach has very clearly said that you have to go or you could be sanctioned, then it becomes part of your 'work preparation' requirements and you have to do it to avoid a sanction. If however, they haven't said that you have to do it and they haven't explained the consequences of not doing it then it may just be a 'suggestion' and they can't sanction you for not doing it. So it depends on the circumstances. DWP guidance has just come out which reinforces this. They can't sanction you if they didn't explain exactly what the requirement is and what are the consequences of not doing it. As far as I can see from what you've said so far, they wouldn't be able to sanction you because they never suggested that a sanction was a possible consequence.
    As regards the advance and the difference between that and what you are getting now, I'd say that:
    1) advances are often a lot more than you end up getting as there are various things the advance doesn't take into account
    2) your underlying entitlement would be £317.82 plus around £338.68 (your bedroom tax would be 14% of your eligible rent, so it may be £52 or possibly slightly more - 14% of £388 is £54.32). That's £656.50 in total and it could be a bit less than that if not all of your rent is eligible. So the offer of £652 sounds about right, and you actually took £650.
    3) The advance is deducted from your UC by a percentage of your standard allowance. This is where it gets complicated. There are legal arguments that if you are not earning anything, the advance should only be recovered at 15% of your standard allowance - £47.67. But UC often take more than this. In your case it looks like they are taking about £69 a month, but I can't say for sure without seeing your statement. That's over 20%, so it may be they have settled on that rate in order to try to recover within 12 months (which is currently what is supposed to happen). You could try negotiating with them to get the rate of recovery down, but it's often difficult to persuade them to do this (worth a try though). 

    On the issue of the loss of your limited capability for work element though I agree that you need expert advice. I'm also not sure if you've ever got PIP/DLA and what were your circumstances immediately before you claimed UC, because that could have an impact on your UC in the future too. I can't tell if that applies to you though, so I would try to speak to an expert welfare benefits adviser as soon as you can.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • [Deleted User][Deleted User] Posts: 0 Whisperer
    edited March 18
    The user and all related content has been deleted.
  • [Deleted User][Deleted User] Posts: 0 Whisperer
    edited March 18
    The user and all related content has been deleted.
  • poppy123456poppy123456 Posts: 8,191Member, Community champion Brian Blessed
    This makes me think that there was a definite break in your claim when you claimed JSA with that other person. When claiming JSA limited capability for work doesn't exist, even though you weren't being made to look for work. JSA back then was a lot less strict than UC is when it comes to looking for work.

    You say in the comment above that Starting February 2018 I was on ESA Claim of my own for about a year before getting on Universal Credit,  
     
    If this was a new claim for ESA then this is after April 2017 and therefore you won't be entitled to the extra £126 per month for LCW element under UC. Therefore i believe that DWP are correct when they say you're not entitled to the extra money.

    It sounds like they have put you in the correct group for UC where they can't make you look for work. Attending work focused interviews will be the discretion of your work coach.
  • [Deleted User][Deleted User] Posts: 0 Whisperer
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  • [Deleted User][Deleted User] Posts: 0 Whisperer
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  • [Deleted User][Deleted User] Posts: 0 Whisperer
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  • poppy123456poppy123456 Posts: 8,191Member, Community champion Brian Blessed
    As you have LCW then you'll be in the work preparation group. If you are placed in this group, you will be expected to prepare for a move into work, additional work, or better paid work. Actions to get ready for work could include attending training courses, preparing a CV or taking part in the Work Programme.

    You will not be required to take steps to apply for or take up work as a condition of your claim. You won't be expected to look for work, just prepare. If you don't do what is expected of you then yes you can be sanctioned.

    For the other issue i realise that you rang welfare rights this morning BUT what you really need, as previously advised is face to face advice not through a phone call or a forum. This way you can take all your paper work for them to see exactly what's happened in the past 18 months or so.

    I really can't help you with this anymore unfortunately, there's only so much help you can give on an internet forum.


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