Contact would like to see an increase in the amount of money disabled households can get towards adapting their homes.
Currently families can claim up to £30,000 through the Disabled Facilities Grant if they are assessed as needing adaptations to their home, such as installing a stair lift or putting in a downstairs bathroom. This amount has been capped since 2008 and due to the increased cost of equipment and building work, it is now worth a lot less in real terms.
Shortfall
Anna Bird, Chief Executive at Contact, said: “This is an area of huge frustration for families. We hear from many having to make up the shortfall through fundraising. Many are carrying on with inappropriate housing – carrying children up and down stairs, bathing children in paddling pools in their living room.
“Our research found that over a quarter of families with disabled children say that their home makes their child’s condition worse or puts them at risk. This can send families into crisis, and we know the costs of helping families at that point are much, much higher. Getting the right equipment and environment so families can look after their child at home, saves money in the long run.”
Longer-term solution needed
An external review commissioned by the government in 2018 recommended that the upper limit of the Disabled Facilities Grant should rise in line with inflation. The government did put an additional £100 million into the pot for Disabled Facilities Grants in 2023 for two years, but Contact believes a longer-term solution is needed.
One family, Contact is in touch with through our Decent Homes campaign, has been waiting two years for adaptations to give Finlay, aged 17, the independence he needs. Although the family has been assessed as needing adaptations, the council will only pay £40,000 towards the costs, which are £94,000.
He can’t access the kitchen
Mum, Alexa, said: “I work full-time as a teacher and we are maxed out on our mortgage, so we can’t meet the shortfall. The house doesn’t work for Finlay, he can’t get into the kitchen, he can’t get to the fridge. A local company gifted us a festival toilet which is a portakabin on the back of the house. We are really grateful but it’s not a long term solution, as it’s freezing in winter.”
The third installment of the government’s support package for low-income households goes out to most eligible recipients from this week.
Most people on Department for Work and Pensions (DWP) benefits will receive a £299 payment between 6 February – 22 February. People on tax credits and no other low-income benefits will receive the payment between 16 February – 22 February.
This is the final installment of a £900 payment package the Chancellor Jeremy Hunt pledged to low-income households in his 2022 autumn statement.
Am I eligible for the payment?
Households on the following means-tested benefits will receive the £299 payment:
Income-related Employment and Support Allowance (ESA).
Income Support.
Pension Credit.
Child Tax Credit.
Working Tax Credit.
You will not get a payment if you get new-style ESA, contributory ESA or new-style JSA unless you also receive Universal Credit.
To get the payment, you must have been entitled (or later found to be entitled) to a payment of one of the means-tested benefits listed above during the period between 13 November 2023 and 12 December 2023.
How do I get the payment?
You don’t need to do anything. If you’re eligible, you’ll be paid automatically in the same way you usually get your benefit or tax credits.
This includes if the government finds you eligible at a later date. From 23 February, you’ll be able to report a missing payment.
More than 100 parent carers stopped by our Facebook Group to ask questions and get expert advice on how to help their disabled child claim UC in their own right while still in education.
Though most young people in education are prevented from being able to get Universal Credit, some are able to qualify despite these rules. But the rules are complex, so countless parents took part in our Q&A to get advice.
To help those who weren’t able to take part in the Q&A, we’ve rounded up the five top questions asked during the session — have a look below!
1. My daughter is 17 and in full-time education. Can she claim Universal Credit now?
There are rules that prevent most young people from being able to get Universal Credit while they are still in education. This includes most students in full-time advanced education, and most young people in full-time non-advanced education who haven’t yet reached the September after their 19th birthday. So it is unlikely that your daughter will be able to get Universal Credit at this point. The only way that she could get UC now would be if she had already established a limited capability for work and work-related activity (LCWRA) before she started receiving education in her current course. It is no longer possible to qualify as a disabled student by establishing a limited capability for work during your course.
However, even if there is little point in her trying to claim UC now, you should definitely help her to make a credits-only claim for new-style ESA as soon as possible. By making this claim, you will force the DWP to carry out a work capability assessment so that they can establish whether your daughter has a LCWRA. If she can establish a LCWRA now, this will rule her out of having any work-related conditions attached to her Universal Credit claim in the future.
Establishing a LCWRA now won’t help her get UC while she’s still on her current course. But it will help her to successfully claim UC later on if she either stops her current course and moves onto a new course, or if she decides to stay in non-advanced education beyond the August after her 19th birthday. It also means that once she is awarded Universal Credit, she will receive an additional payment (called the LCWRA element) from the start of her claim rather than having to wait three months for this extra amount to be added.
It currently takes an average of five months for a work capability assessment to take place, so it’s a good idea to get things started now by making a credits-only claim for new-style ESA as soon as you can.
2. My son is 16 and in non-advanced education, so I still get benefits for him. Should I wait until these payments stop before I help him claim UC in his own right?
If your son is in full-time non-advanced education and only aged 16, it is highly unlikely that he will be able to claim Universal Credit. It’s almost certain that he will be refused on the basis he is ‘receiving education’. The only exception to this will be if he has changed course since turning 16 and has already established a limited capability for work between turning 16 and starting any new course. In these very limited circumstances, a successful Universal Credit claim could be feasible.
However, even then it may not necessarily be a good idea, because if he gets Universal Credit in his own right this would bring to an end any payments you get for him as a dependent child – such as Child Benefit, child tax credit or child elements as part of a family Universal Credit claim. You would need individual advice about whether this would leave your household better or worse off.
Assuming he has not already established a limited capability for work, then what you should do at this stage is help him make a credits-only claim for new-style ESA. In fact, we recommend doing this as soon as possible after a child turns 16. Doing this will not affect any benefits you get for him as a dependant. This is because your son won’t actually qualify for new-style ESA itself (unless he has worked and paid sufficient national insurance contributions in the last two years), so the credits-only claim will not lead to any payments of ESA. Instead, making this claim will merely force the DWP to carry out a work capability assessment to decide if he has a limited capability for work and work-related activity (LCWRA). Since he won’t qualify to get paid ESA, the credits-only claim won’t impact on the money you get for him as part of your claim as a family. Take a look at our online advice for detailed guidance on how to make a credits-only claim for new-style ESA.
If the DWP agrees that your son has a LCWRA after carrying out a work capability assessment as part of the credits-only claim, that decision will also be binding on Universal Credit. This means that if he decides to claim Universal Credit in his own right in the future, the DWP will not be allowed to attach any work-related conditions to his claim. This will make it more likely that he’ll be able to successfully claim Universal Credit as a student later on – for example, if he decides to stay in non-advanced education beyond the August after his 19th birthday, or if he moves from one education course to another.
3. My son has already established a limited capability for work, but he’s still in education. When can he apply for Universal Credit?
You can apply for Universal Credit for your son at any time from now if he starts a new course or has a break in his education. This is because he has already satisfied a work capability assessment before starting a new course. Disabled students who get DLA, PIP or their Scottish equivalents can claim Universal Credit in their own right as long as they have established a limited capability for work and work-related activity (LCWRA) before starting their course.
Different rules apply once your son has passed the August following his 19th birthday. At that point, he could make a claim for UC regardless of whether he has started a new course or is continuing on the same course. This is because having a LCWRA will rule him out of having any work-related conditions attached to his UC claim, so his claim would not be considered incompatible with his course.
Whether he should make a claim now or after the August following his 19th birthday depends on what payments you currently receive for him (such as child benefit or child tax credits) and how much UC your son would get. For example, you could be better off as a household if you stayed on your current benefits for now and only claimed UC for your son once he is no longer a dependant in your own claim. You should get in touch with a local welfare rights advice service (such as your local Citizens Advice) or contact our helpline to get individual advice based on your family’s circumstances.
4. My daughter is 21 and studies full-time at an SEN college. Could she claim Universal Credit?
As your daughter has already passed the August after her 19th birthday, she could qualify for Universal Credit if she does not have capital or income over certain limits. The only way she can be refused is if the DWP staff member dealing with her claim decides that the education course she’s currently on is incompatible with any work-related conditions attached to her UC claim. In other words, the chances of her UC claim being successful will depend on the DWP staff member that deals with her claim and whether they are willing to use their discretion to switch off any work-related requirements (or to apply only minimal work-related requirements). If they are willing to use their discretion in this way, then she should get UC. This is because there should be no incompatibility between her course and her UC claim if it has no, or only minimal, work-related requirements. If they aren’t willing to use their discretion in this way and decide to apply significant work-related conditions to her claim, then there is a risk she will be refused Universal Credit as someone treated as “receiving education”. You can ask for a review of this decision.
However, there is something that you can do now that should guarantee that your daughter’s UC claim is accepted: that is to make a credits-only claim for new-style ESA. This is a way of forcing the DWP to carry out a work capability assessment and to make a decision about whether your daughter has a limited capability for work and work-related activity (LCWRA). If she establishes that she has a LCWRA, this will guarantee that she should qualify for Universal Credit. This is because the DWP are not legally allowed to apply any work-related conditions to a UC claim made by someone with a limited capability for work.
My advice is to make a UC claim now and, at the same time, make a credits-only claim for new-style ESA. This way, even if her initial claim for UC is unsuccessful, she should be able to make a second successful claim for UC once she has established a LCWRA after undergoing a work capability assessment as part of her credits-only claim for new-style ESA. This second Universal Credit claim should definitely be successful. The difference with this second claim will be that as someone who has both passed the August after her 19th birthday and who has established a limited capability for work, your daughter will have a legal right to have no job-seeking conditions applied to her claim (rather than this being left to the discretion of DWP staff).
5. My son’s credits-only claim for ESA was refused, but the letter didn’t say anything about his capability for work. What should I do?
It sounds like you have made a credits-only claim for new-style ESA and received a decision that your son is not entitled to ESA. Don’t be worried by this. A refusal is what you are expecting. Remember: you are NOT making a credits-only claim to actually get ESA, but simply to trigger a work capability assessment.
Now that the DWP has sent your son the decision refusing ESA, they should start the process of organising a work capability assessment for him. They should send you a work capability questionnaire to complete. If you still haven’t received a questionnaire within a couple of weeks, phone the number on your ESA letter. Ask them to confirm that they intend to organise a work capability assessment and how long this is likely to take. If they tell you that they won’t carry out an assessment, seek urgent advice.
Once you’ve completed and return the questionnaire along with any other supportive evidence you have, the DWP need to decide whether to make a decision about your son’s capability for work based solely on the paperwork. They may decide to ask for an interview over the phone/video call, or for your child to have a face-to-face consultation with a health professional. It can take several months – five months on average – for them to make a decision on your son’s capability for work. Eventually, they should contact you to confirm their decision in writing. If they accept that your child has a limited capability for work and work-related activity (LCWRA), it will say this in the letter. This decision will also be binding on Universal Credit when your son eventually decides to claim UC at a later date.
Unfortunately, establishing a LCWRA now will not allow him to claim Universal Credit while he is still on his current course. But it will help him to get Universal Credit if he moves courses or if he remains in full-time non-advanced education beyond the August after his 19th birthday.
The aim of the inquiry is to look at ways to ensure disabled people have access to accessible and adaptable housing in England.
As part of the inquiry, the LUHC Committee has opened an online survey to gather disabled people’s views and experiences of finding or adapting suitable housing. The survey includes questions relating to:
Finding or adapting suitable housing.
What more could be done to support disabled people to access suitable housing.
The Committee will also be looking at how far the government can provide for disabled residents who do not live in new-build homes and whether the DFG system adequately supports housing adaptations.
The closing date for responses is Thursday 15 February.
Watch our excellent Facebook Live session with a leading paediatric respiratory specialist on protecting vulnerable children from winter illnesses.
If you missed our excellent Facebook Live on protecting children from winter illnesses, you can still watch it watch it back on Facebook.
The session with Dr Martin Samuels, a Great Ormond Street paediatric respiratory consultant, is ideal for parents of clinically vulnerable or disabled children who regularly get sick with respiratory infections during the winter months.
From supplements and Covid to RSV and immunisation
In the 45-minute Q&A, Dr Samuels shares expert advice with parents on topics ranging from supplements to clearing mucus when a child finds it hard to cough and clear their lungs,
He also answered questions on immunisations, Covid, prevention, and a new treatment for RSV (respiratory syncytial virus) that may be available for children later this year.
Dr Samuels said secondary infections were common in vulnerable children. “If a child is still getting high temperature over two weeks, there may be a superimposed infection on the original virus. Maybe a bacterial infection. It is common for vulnerable children with a virus to get a secondary bacterial infection that needs treating with antibiotics.”
“I’ve seen a lot of RSV/bronchiolitis – a lot of nasty illnesses in 1-5s – this year. RSV fills out wards every year starting in August.”
He said children’s wards could “look very different next winter” if the Department of Health introduces nirsevimab, a new treatment for RSV.
Dr Samuel’s key messages for parents
Vitamins and supplement
It is still a matter of debate whether multivitamins can protect children from winter respiratory illnesses.
Multivitamins like Abidec are recommended nationally for all children up to the age of 5.
Avoid giving your child excess vitamins.
Extra vitamins are unnecessary if you child has a full and balanced diet with plenty of fruit and vegetables.
Some children who don’t get enough light exposure may have vitamin D deficiency, which doctors can easily test for.
Childhood immunisations and vaccines
Dr Samuels strongly recommends all children have the full childhood immunisation schedule and the flu vaccination. “Whooping Cough, pneumonia and flu can still cause serious illness and death, including in healthy children.”
Highly vulnerable children benefit from having an additional pneumococcal immunisation – the PPV vaccine – from two years old. Speak to your GP or specialist.
He doesn’t especially advocate for children to have the Covid vaccine because the virus rarely leads to serious illness in children, including vulnerable children. The main risk factor of serious illness from covid in children is obesity.
It’s hard to prevent children catching winter viruses and bugs, but parents can prevent friends and families with colds visiting.
It’s very important to attend school, as education has so many benefits for children. Mask wearing is effective protection if parents are worried.
Clearing mucus
Use 0.1% saline drip or spray to clear the nasal passages – available from pharmacies.
Over the counter Otrivine is a stronger medication that thins the nasal lining and helps dry up the nose. But don’t use for more than seven days.
Inhaling steam helps – take care with hot water. Some children may not be able to engage with this process.
Most cough medicines are ineffective for clearing the lower airways.
Paediatricians or respiratory specialists can prescribe nebulisers that draw mist (usually saline solution) in the child’s airways to loosen secretions.
Physiotherapists can also use Cough Assist, a device that helps children with a weak cough.
More information on winter illnesses
Visit our website to find out more about the signs of common winter viruses in babies and children and getting the flu vaccine for you child.
The Civil Mediation Council and the College of Mediators in England is consulting parents and professionals on a new set of requirements that mediators must meet to become a SEND Accredited Mediator.
Mediation is a way of resolving problems with the help of an independent person. The mediator is trained to help each side express their views and reach an agreement.
Families in England and Wales should have received letters confirming entitlement for the Warm Home Discount Scheme by early January.
Most families on lower incomes with higher energy costs are eligible for and automatically receive the payment as a £150 deduction from their fuel bill. Unfortunately, due to rule changes in December 2022, suppliers no longer have discretion to offer the discount to families who get disability benefits but no means-tested benefits.
You might receive a letter telling you to call a dedicated helpline to provide further evidence. This is so the government can decide whether or not you qualify.
You can find out more about the scheme on our webpage, Help with fuel bills. You’ll also find advice for families in Scotland and Northern Ireland.
There is still time to book your free place on one of our online workshops coming up this January designed for London parents caring for a child with autism. Simply click the workshop links below to find out more and book your place.
Anxiety, Thursday 23 January, 7-9pm:Learn more about the causes of anxiety and how it makes your autistic child feel alongside strategies to help you support your child when they are feeling anxious.
Find out more about workshops coming up this January and February alongside the other support we offer families caring for someone with autism in London and the Midlands. These workshops are part of the Autism Central, a programme that offers families and carers of autistic people high-quality and accessible autism information, education and support and is co-delivered by autistic people, families and carers.
The rules that govern when a young disabled person in education can claim Universal Credit are extremely complex . That’s why advisers from our Family Finance Team are inviting you to ask any questions you have about this at a special Q&A session on Thursday18th January between 10am – 11.30 am on our Facebook Group.
How to join our Facebook group
Joining our Facebook Group is easy. Just answer a few simple questions to register and you’re in!
Join us there on Thursday 18th January from 10am-11.30am when our team of Family Finance advisers will be waiting to answer your questions. Put the date in your diary!
The Universal Credit rules
The benefit rules prevent most young people in education from getting Universal Credit. However, some disabled students can qualify for Universal Credit. This includes young people who either:
have taken part in a DWP medical assessment and established that they have a limited capability for work before they started their current course; or
remain in full time non advanced education beyond the August after their 19th birthday.
Get advice before claiming Universal Credit
Even if your child falls into one of these groups and can claim Universal Credit it’s not always a good idea to do so. This is because they will stop being treated as a dependent child and as a result any Child Benefit, Child Tax Credit or other payments that you receive for them as dependent child will stop.
Making a ‘credits only’ claim for new style Employment and Support Allowance
Contact recommends that disabled teenagers undergo a work capability assessment when they turn 16 to try to establish that they have a limited capability for work early on. Doing this can increase their chances of being able to claim Universal Credit at a later date if they either change courses or stay in non-advanced education past the age of 19.
But here’s the catch: if you simply ask the DWP to carry out a work capability assessment, they are likely to refuse. The only way to make sure an assessment takes place is by making a ‘credits-only’ claim for new-style ESA. Your child won’t qualify for the ESA payment itself, but the DWP will have to carry out a work capability assessment as part of the claims process and this may help them to get Universal Credit at a later date.
This Sunday 14 January is the deadline for families in England applying for primary school places.
This deadline applies to all children who do not have an Education, Health and Care (EHC) plan. This group of children go through the normal admissions system even if they have a special educational need or disability.
You must still apply by Sunday even if you are thinking of requesting an EHC plan or are currently undergoing the EHC assessment process.
Once you’ve submitted your choices, the schools you’ve applied to will each decide whether they can offer your child a place.
The local authority will consider these offers against your preferences, along with everyone else’s. And on National Offer Day – 16 April for primary schools – you’ll get a single offer of a school.
What to do if you’re not happy with the school offered.
When a school can’t refuse a child a place.
The right to a mainstream school place for children with EHC plans.
This information will also be useful to parents who applied to secondary school places last October. The secondary school National Offer Day is on 1 March.
Though most cases of common winter virus RSV (respiratory syncytial virus) are mild, this highly contagious virus can pose a serious threat to vulnerable children who are young or have certain health conditions.
To help you understand the symptoms of RSV and other winter viruses like Strep A, the flu and Covid, we’re running a live Facebook Q&A session with Great Ormond Street Hospital paediatrician Dr Martin Samuels on Thursday 11 January between 11am and 12pm.
Children and babies with certain health conditions can be more susceptible to common seasonal viral and bacterial infections and their body may struggle to fight off the illness. Dr Samuels, tell you more about how to protect your child from winter illnesses especially if they have complex medical needs or communication difficulties.
From all of us here at Contact, we want to wish all our families a very Happy Christmas!
We hope you’re enjoying the holidays. But remember, if you’re looking for help while our helpline is closed until Tuesday 2 January 2024, you’ll find lots of advice and support on our website.
Our Chatbot Charlie can help guide you through our online information and advice so you find the support you need quickly and easily, whenever you need it – 24 hours a day, 7 days a week. Look out for Charlie at the bottom of our website on the right hand side.
The government has finally responded to the recommendations of the Child Safeguarding Practice Review following the abuse of children with complex health needs and disabilities at residential homes in Doncaster run by the Hesley Group between 2018 and 2021.
The Child Safeguarding Review found a culture of abuse and harm. Looking at the experiences of 108 children and young adults, it found “systematic and sustained” abuse and neglect over a period of more than three years, with the safety net that should have protected them proving ineffective. The review set out far-reaching recommendations for central and local government and other agencies, proposing wide-ranging changes to policy and practice to improve the safety, support, and outcomes for disabled children with complex health needs in residential care.
The Government response published this week sets out the steps that the Government are taking to address the failings identified by the review and its views on the recommendations made by the review panel.
Meagan Leggett, Interim Director of Family Support at Contact said:
“This is a sad reminder of the avoidable suffering of disabled children, so gut-wrenchingly awful. Inevitably the timing of the response prompts questions about attempting to bury it on the eve of Christmas.
Whilst the government has accepted ‘in principle’ all recommendations it is disappointing there are no timescales for change. We will want to see what concrete progress being made early in 2024 especially around strengthening of advocacy for children in residential care”
Our helpline will be closed from 5pm on Friday 22 December, and will re-open on Tuesday 2 January 2024 from 10:15am – 5pm.
If you need to speak to someone when our helpline is closed over Christmas, the following organisations may be helpful:
Samaritans Freephone: 116 123 open 24 hours every day throughout the festive period
CALM Freephone: 0800 585858, open 5pm till midnight throughout the festive period
SHOUT Text: 85258, open 24 hours a day, confidential text support service.
Sending emails, web forms and asking queries on our social media pages and private Facebook group
Many parents choose to send us helpline emails, submit a website enquiry or post on our Facebook and Twitter pages. These pages and email accounts will be unmoderated during the same period as our helpline closure. If you ask a query during this period, we’ll respond as soon as we can after our office reopens on 2 January 2024.
Whilst the helpline is closed, you can find lots of advice and support on our website. You can use Charlie the Chatbot, who lives on the bottom right-hand side of our website. Charlie can guide you through our information and advice quickly and easily, whenever you need it – 24 hours a day, 7 days a week.
The government’s annual Special Educational Needs and Disability (SEND) Statistics show that 98% of parents win on appeal once they get to tribunal – meaning that just 2 per cent of refusals by councils to provide SEND support were upheld in tribunal decisions last year.
At the same time the number of SEND tribunals has gone up by a record 24 per cent.
The statistics published by the government today show that the situation has got even worse.
Anna Bird, Contact’s CEO and Chair of the Disabled Children’s Partnership says: “Even more parents are having to go through the expense and stress of a Tribunal hearing despite Tribunals finding in their favour in a staggering 98% of cases.
“This shows the system is fundamentally broken. The government and local councils must take action to make sure the right, lawful decisions are made first time, so that parents do not have to take legal action to get the support their children need and are entitled to, and to prevent this needless waste of public money.”
The statistics published today illustrate what we at Contact already know: that parents know what support their children need, and have to fight tooth and nail to get it.
The DCP is calling for government to ringfence resources for early information, advice and support for parents navigating the system; better training for local council staff so they make the right, lawful decisions first time and stronger accountability.
It’s officially ‘cold and flu season’ and while most colds are mild, some can become quite serious. RSV (respiratory syncytial virus) is one of the most common viral causes of coughs and colds in winter. It’s highly infectious, and the main cause of breathing difficulties (bronchiolitis) in babies and young children.
Most colds caused by RSV result in mild symptoms of bronchiolitis. In more serious cases, babies and children can become unwell with breathing difficulties and need to go to hospital.
Our RSV resources
It’s important to know how to identify RSV and when to get emergency care. We have lots of resources to help.
Watch our short animation about RSV and bronchiolitis to help you spot the signs and symptoms in your baby or toddler and what action to take.
Visit our RSV page, where our health lead, Amanda, answers some of the most common questions about RSV, its main symptoms and preventative steps you can take. You can also read this information in Polish, Arabic, Somali and Welsh.
School transport is an integral part of the school day for some disabled children.
But as local authorities struggle with severely reduced budgets, some are looking at ways of reducing their spend through changes to school transport arrangements for disabled children.
Una Summerson, Head of Policy at Contact, said: “We understand the very real difficulties that local authorities have with their squeezed budgets, but it isn’t fair to balance the books on the backs of families with disabled children. What’s more the law is very clear on what transport must be provided to disabled children.
“We have seen school transport policies placing emphasis on cost cutting rather than transport based on individual need and legal entitlements. It places all responsibility on parents which adds unnecessary extra pressure on family life.”
Disabled children are more likely to travel further to nursery, school or college. Unlike their non-disabled peers, many can’t travel independently, even as they reach secondary school age. For these reasons, school transport is a vital service.
Information about your child’s rights to school transport
The DWP has started the ‘managed migration’ process of asking people on tax credits and other means-tested benefits to claim Universal Credit (UC), even if they have had no change in circumstances.
We have heard from countless parent carers who are concerned about how they will be affected by moving onto UC from their legacy benefits – especially as many families with disabled children end up worse off under Universal Credit.
So last week, our Family Finance team ran a special Q&A session in our Facebook Group for parent carers so that families could get specialist advice about the UC managed migration process.
To help those who weren’t able to take part in the Q&A, we’ve rounded up below some of the top questions asked during the session.
1. My migration notice says I have to claim UC by 5 February. What’s the latest date I could claim without missing out on transitional protection?
It is up to you whether you claim Universal Credit straight away or wait until closer to your deadline day to claim. If you claim before your deadline day, any tax credits you get will stop from the day before you claimed UC. Any other legacy benefits will stop two weeks after the date you claimed Universal Credit.
If you claim UC on (or after) your deadline day, any tax credits will stop from the day before your deadline day. Any other legacy benefits you get will stop two weeks after your deadline day.
Your deadline day of 5 February is the day on which your tax credits will end. If you choose to claim earlier, they will end on the day that you claim. Even if you miss the deadline of 5 February, you should still be OK. This is because you have a further month after your deadline day within which you can claim Universal Credit and still be eligible for transitional protection. This is known as your ‘final deadline day’.
So in your case, your final deadline day would be 4 March. This means that so long as a valid claim for Universal Credit is made by 4 March, your claim would be automatically backdated and you will still be eligible for transitional protection.
However, there are two potential problems with waiting until closer to the final deadline day. Firstly, the gap between your tax credits stopping and your Universal Credit payments starting will be even longer than the normal five weeks (as your tax credits will definitely end on 5 February at the latest). And secondly, you might run out of time if you have any last-minute problems in getting your UC claim completed.
2. My husband and I have two children on DLA. Can he also claim the UC ‘carer element’ despite his earnings being over the limit for Carer’s Allowance?
Under Universal Credit rules, you get an extra carer element of £185.86 per month if you are either eligible for Carer’s Allowance or if the only reason you are not eligible for Carer’s Allowance is because your earnings are too high. So yes, so long as your husband meets the other Carer’s Allowance tests (e.g. that he provides 35 hours a week of care; that he is not claiming as a carer for the same child as you; and that he is not in full-time education) then he will qualify for a carer element for him as part of your Universal Credit award – despite the fact that his earnings prevent an actual Carer’s Allowance award. This should mean that you can get two carer elements in total.
3. Will Universal Credit force my husband and I to look for work, even if I get Carer’s Allowance?
The Universal Credit rules make clear that you cannot be asked to take part in any work-related activities like job-seeking if you are eligible for Carer’s Allowance (or if the only thing that stops you being eligible for Carer’s Allowance is that your earnings are too high). Since this applies to you, Universal Credit cannot force you to look for work or take part in any other work-related activities.
However, although you can’t be expected to look for work, there is a risk that your partner might. Where two people both provide 35 hours or more of care to the same disabled person, only one of them will be treated as a carer and be automatically exempted from work-related conditions. The other carer is usually expected to take part in work-related activities like job-seeking. If this happens to your partner, they should call our free Helpline on 0808 808 3555 to get advice about how to request that Universal Credit use their discretionary power to also treat your partner as a carer and exempt them from any work-related conditions. The number of hours you would be expected to work, if not classed as a carer, will depend on your own situation (for example, any health or disability-related problems).
But if you and your husband each care for a different person (for example, if you have two children who get DLA or PIP), then you would both be treated as carers under UC. This applies even if your husband does not qualify for Carer’s Allowance, so long as the reason why he doesn’t qualify is because his earnings are too high. In this case, neither of you would be asked to look for work or increase your working hours.
4. I believe I would be better off on UC. If I claim it voluntarily, what support would be available while my claim is processed?
We would strongly advise that you seek detailed 1-2-1 advice before volunteering to claim Universal Credit early. The reason for this is that people who choose to claim Universal Credit before they receive a managed migration notice from the DWP are not eligible for any transitional protection payments to make sure they won’t be left worse off. You need to be careful, as many families with a disabled child are worse off under Universal Credit – and once you claim Universal Credit, you cannot move back onto your old legacy benefits. Transitional protection is only available for those who claim after they have received a managed migration notice and because of this, you need to be 100% sure that you really will be better off on Universal Credit. You can double-check your likely entitlement to Universal Credit by contacting a local advice service such as Citizens Advice or by calling our free helpline.
If you do choose to claim, your existing legacy benefits will end straight away and you will have a five-week wait before you get any Universal Credit. You can apply for an advance payment if you are in financial hardship while you are waiting, but this is a loan from the DWP that will be recovered by them making a regular deduction from your monthly Universal Credit payments.
5. I’ve been told it can take up to six weeks to get UC. Do we get any help towards bills in the meantime?
You’re right that there is usually a wait of at least five weeks before you get your first UC payment after lodging a claim. If the delay in waiting for Universal Credit payments to start would cause you financial issues, then it is possible to ask for an advance payment. An advance is effectively a loan from the DWP that you will need to repay by having a regular deduction made from your monthly Universal Credit payments, once these start. Unfortunately, this does mean that your Universal Credit payments would then be lower than they normally should be for a period of time while you’re paying back the DWP for the advance loan.
If you are thinking of claiming Universal Credit early (before you receive a managed migration notice), you should seek detailed advice first to make sure that you will not end up worse off. The reason for this is that people who choose to claim Universal Credit before they receive a managed migration notice from the DWP are not eligible for any transitional protection payments. You need to be careful, as many families with a disabled child who volunteer to claim early are left worse off under Universal Credit. And once you claim Universal Credit, you cannot move back onto your old legacy benefits. Transitional protection payments to ensure you are no worse off under are only available to those who claim Universal Credit after they have received a managed migration notice.
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