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potential loss of housing assistance after migration from housing benefit to UC

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3 months 2 weeks ago #293985 by larry b
i would just like to put to the forum,qualified advisors,experienced folk etc a potential problem a good friend of mine is experiencing with a mandatory migration UC notice letter. briefly my friends problem,or potential problem is to do with the the housing benefit he recieves,it is soon to be claimed by him under the UC system.it is the only benefit he recieves that is currently involved in the UC changes. he does receive PIP at the daily living enhanced rate.his main issue is he is retired early on medical grounds,these last 28 years or so and he is now aged 63 with but a few months to go till he turns 64.he has these intervening years been living on his private pension granted to him on medical grounds,along with help from DWP and the local authority with his rent in the form of housing benefit. his main fear in being migrated to UC is possibly being forced to sign some sort of work based, or work related, agreement in order to retain his eligibility for housing benefit under UC. he simply cannot do this as he is physically and mentally incapable of doing so.can the DWP or UC use descretion her in the form of a bye,or put him straight through into the LCWRA group without the stressfull assesment given his allready proven medical situation? his main worry is that to sign a work based agreement even just as an aside to get his housing benefit continued,would or could in the eyes of the private pension provider,and the DWP,s own PIP advisor,paint him as previously fraudulent .there surely must be in UC rules of exemption or exception to cater for this situation of which i am sure there are plenty. all help from advisors and benefit educated folks who read this gratefully excepted. apologies for the presentation here as i have not a clue how to use a keyboard. yours gratefully larry b.

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3 months 2 weeks ago - 3 months 2 weeks ago #293994 by David
Hi larry b,
With Universal Credit everyone has to accept some sort of Claimant Commitment apart from those without mental capacity.
This Commitment would be the " work agreement " you are alluding to and yes the DWP in the shape of the Jobcentre Work Coach does have the discretion to change " work search " activities to " work preparation " activites for a new claimant who has a severe health condition.
Your friend will need to have a medical assessment through the Universal Credit system known as a WCA ( Work Capabilities Assessment ).
Don't worry about any conflict with PIP as the criterion for awards of the LCWRA element and PIP are different. (Some people get the LCWRA award but are turned down for PIP.)
The WCA will determine if he has LCW or LCWRA. Up until the WCA he will need to supply the DWP with Fit Notes from a clinician. You say that your friend is " mentally incapable " in this context, then he could get a relative or carer to be his appointee. Then he would not have to accept a Claimant Commitment.
Hope this helps, David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 months 2 weeks ago by David.

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3 months 2 weeks ago #294071 by larry b
thank you David for the speedy reply and the valuable information within.so it would seem as though prior it was just his early retired status on medical grounds was enough to claim housing assistance,now with the change to UC he has to, at the age of 64 ,say it is maybe possible for him to work after all,sign on the dotted line to such a statement,and possibly jepordize his private pension status.,though not his PIP,in order to receive housing help.i am almost sure that any assesment will have him in the lcwra group and he will be a state pensioner before any reexamination of his award,then he will be claiming housing under UC without any work based obligations at all.i think it is mainly the commitment to work admittance which is wrong ,and his private pension status that worries him so.

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3 months 2 weeks ago #294081 by Gary
Hi larry b

State pension age is 66 and rising, for UC purposes your friends private pension will be taken into account £ for £.

As stated by David your friend will have to sign a claimant commitment before their UC goes live.

The conditions for claiming Universal Credit are set out in a "claimant commitment" that most people will have to accept at the beginning of their claim. If you are part of a couple, you will each have a separate claimant commitment that may be different from each other's.

People who may not need to accept a commitment include those who lack capacity, those who have exceptional circumstances  where it would be unreasonable to expect them to agree a commitment (this is decided by the work coach on a case by case basis), or, From 15 February 2022 people with a terminal illness and less than 6 months to live were also excluded, and from 4 April 2023 this was extended to 12 months.

There are 4 conditionality groups:

* Group 1. No work related requirements
* Group 2. Work-focused interview requirement
* Group 3. Work preparation requirement
* Group 4. All work-related requirements

www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit

Gary

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3 months 2 weeks ago #294093 by larry b
thank you gary for the information along side davids also. it is very helpfull on casting light on where my friend stands now with the UC changeover.i am aware as now clarified by your good self that his amount of private pension is taken into consideration whilst assesing the amount of UC help given to him for his housing needs,and it goes without saying,i think,that he will not receive any other UC monies other than a housing element,though potentially he may be subjected to,but i certainly doubt it given his conditions,a full work based agreement,but in effect only be paid a fraction of what other folks would get because of his private pension.i hope i am correct on this issue,any further clarification on this point is very welcome am i correct in saying if the DWP are to be as antagonistic as they potentially can be,and expect my friend to jump through hoops ie appeals etc to get help with rent,then he can just cancel his claim for UC without prejiduce,and just struggle by on a vastly reduced income because he just cannot in all honesty satisfy the requirments of UC that the DWP may insist upon?again as ever all help and assistance is gratefully recieved.

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3 months 2 weeks ago #294115 by Gary
Hi larry b

I have done numerous UC calculations, they steps are easy to follow, from the information you have supplied I will try and lay out what your friend may get on UC although you will have to fill out the blanks;

Single standard allowance 25 and over; £393.45
Housing element (monthly rent + eligible service charges) £X ?
If eligible for the LCWRA £416.19
Total UC applicable amount £ 809.65 + X

less deduction (Occupational/Private pension)

Gary

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