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    • I've added the particulars for easy reference which helps when drafting a response. You must either admit deny or question every paragraph in the claimants particulars. No response is taken as an admittance by the court.  
    • Sorry but I have been out of the loop on this for a while. I'm trying to get back and I'm going to have a closer look later on today. However from what I understand so far – and from other cases which I have looked at on the Facebook page, it seems to me that your contract is with the insurer. They are responsible for everything. I would refuse to sign anything with kinderton at this point and if they want to reply then they have to be told that your contract is with the insurer and everything will be done through them – and that you have no legal relationship with kinderton and no legal obligation and no legal responsibility towards them, kinderton. This would be my starting point. By trying to get you to sign directly with them, they are trying to establish some legal/contractual responsibility/liability to you – and as far as I can see, there is no legal basis which entitles them to do this. If this is what they want you to do – then this is certainly what you should avoid doing. If it is good for them then you can be pretty certain that it is bad for you.
    • N120  https://assets.publishing.service.gov.uk/media/601bc2fee90e0712851bfd75/n120-eng.pdf
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Migrating WTC & SDP to Universal Credit...lcwra problems?


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Hi all,

i am currently self employed on working tax credits with a severe disability payment. i also have pip which is the enhanced living component and standard mobility.

i have just received a letter to migrate to universal credit.

i am very worried about this minimum income floor stuff as my income from self employment has steadily been going down over the years as my health has deteriorated,.. obviously.

at the moment i get the severe disability payment as i am at a disadvantage....my question is when i go over to universal credit will i automatically go onto lcwra and will i not be required to meet the minimum income floor? or would it be best that i dont do the little work i have as self employed and just go onto universal and lcwra as full disabled? i dont really know what the group is called if i was on universal credit as full disabled etc?

 

cheers,

daz

Edited by daz2791
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Daz

When you make the UC claim,  you will add details about your health conditions.  You won't get the LCWRA element straight away, because you would need to have a Work Capability Assessment (WCA) under UC.  So you can have the WCA, you will need to get a fit note from your Doctors and record the details on the UC claim.  The fit note does not need to say you are not capable of any work as there is an option about work restrictions, so the Doctors can note the limitations in the work hours and/or type of work you are able to complete.  Some Doctors do not like issuing fit notes in this situation, so just explain it is required by DWP under Universal Credit legislation for the assessment process. The alternative to the fit note, is a Doctors letter,  but that would take longer for the Doctor to issue.

When you report the fit note details on the UC claim, it will just ask you to record the start date/end date of the note and the Doctors details. So if it notes any restrictions to work, take the note into the Job Centre or record details in the UC journal.

The minimum income floor would not apply for 12 months after starting a UC claim.  And if you provide a fit note, the Job Centre are likely to find you not gainfully self-employed, meaning that they won't treat the self-employment as an employment type where you are able to take steps to maximise the amount you can earn, so that in the future you are not reliant on UC.

The WCA process will take about 3 months or so and you will need to supply fit notes up to at least the date of the assessment.

I am presuming you are not claiming ESA as you have not mentioned it. ( presumably this would be because you are working too many hours).

If you supply fit notes, you don't have too much to be concerned about.  If you have severe disability element under TC and have enhanced PIP, then it appears likely that you will be awarded LCWRA after the assessment.   It is just not an automatic process.

We could do with some help from you.

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ive been reading from various places that as i have pip and migrating (not a new claim - ive read thers a difference) i am guaranteed to get the same amount of money as the lagacy WTC & sdp...so if this is the case i thought it would mean i automatically get lcwra as i have pip and sdp?

Edited by daz2791
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No, the UC statement will be issued with any transitional amount, so you are not worse off following the move.

As far as I know the only current ways to get LCWRA are if someone qualifies for this following a WCA assessment or when there is a new claim for a mixed age couple (one below state pension age and one of state pension age) , where the older state age pension member of the couple has a PIP award so they are then allowed LCWRA without a WCA.

There has been some talk that Government may be looking at making changes to the WCA process and that those with a PIP award may not have to go through WCA. But as far as I know this has not been subject to any legislation. 

And I have not read that anyone with a PIP award going through TC to UC transfer, is going to be allowed LCWRA without having to go through WCA process.  If you have read that this is the case, can you please provide a link to any website where this is stated.

We could do with some help from you.

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no i havent read that thats the case that you automatically get lcwra...i read that when migrating you get the same amount of money...and as its the same i thought it would mean i automatically get lcwra as i have pip and sdp

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LCWRA not automatic.  They only ensure you are not worse off.

When you claim UC, make sure you get a fit note, as previously explained.

 

We could do with some help from you.

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ok thank you.

sorry i have no clue about any of this...how long does a fit note last?

no i havent got esa (dont really know what that is)....ive only had pip for the last 10months.

ive been self employed for the last 16years...but as my health has deteriorated/progressively got worse and worse i cant do any work like i used to hence my earnings have got lower and lower over the last 5 years as my ability to work gets worse.

so i thought id apply for pip and got it.

to be honest it would be better for me if i dont work anymore as my multiple health conditions are not going to get better ..only worse.

i thinks its best to stop all the work as i earnt less than 1.5k last year.

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A fit note from Doctors lasts as long as the Doctor is willing to issue one for. If you explain it is required as part of Universal Credit work capability assessment process which could take at least 3 months, they might issue for several months. But usually they are issued for 1 month and you have to continue getting them.

If you are not earning much from self employment and think your health is getting worse, speak to your Doctors. They might suggest that you stop.

We could do with some help from you.

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ok thanks, what would the doctors do? is there such a thing as a permanent fit note? i have pip for mental and physical health disability...my physical health will only get worse.

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There is only one type of fit note and Doctors will issue it for a relevant period of time.  Tell them it is required purely to enable a DWP capability for work assessment process.

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We could do with some help from you.

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thanks - ive been doing a lot of reading up and wont be able to get universal credit anyway.

its ironic...i work my whole life and have just over 20k savings for my kids or retirement as encouraged by the consensus...then when i fall ill and become crippled with arthritis and cant spend it on anything like holidays or sports etc...i cant get universal credit...so i'll have to use the money i saved for my kids...bye bye inheritance😒

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If it's part of the managed migration to UC, savings over £16k are ignored for the first 12 months of the claim.

 

See

WWW.GOV.UK

If you have received a Migration Notice letter, then some of your existing benefits will be ending soon. You need to move to Universal Credit.

 

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thanks,..so i would get it for 12months then nothing?

what about esa...ive read that if you go into the normal group you only get it for 12months but if you get the disabled group its indefinite...i think it best i get esa?

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UC would ignore the savings over £15999 for 12 months.  And then in 12 months time, if you still had savings of £16000 or more, the UC claim would be closed.

The only ESA that is available is New Style ESA, but you would need to have paid enough National Insurance during the last 2 tax years.  The old ESA has been replaced by UC, so is not available.

New Style Employment and Support Allowance - GOV.UK (www.gov.uk)

Do you currently claim any Housing Benefit from your local Council to help with rent ?

We could do with some help from you.

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yes thats what i read the new style esa says it disregards savings over 16k and if your in the groups category it doesnt end in 12months.

no i dont claim housing benefit.

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So you have paid enough National Insurance contributions (class 1 or class2) during the previous two tax years ?

We could do with some help from you.

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So stop self employed work and claim New Style ESA.

Presuming you don't have Children under 19 in your household that you are parent of ?

See if you can use online benefit calculator such as Turn2us to check which benefit is best.

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We could do with some help from you.

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