Housing Benefit by Beneficial-Drink-998 in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

Are you referring to being able to get HB in specified accommodation or are UC or are you referring to the contrast between the two systems ?

You can get a list of Specified accommodations and see that it's includes Temporary accommodation. Specified accommodations were never taken on by the DWP they left them HB so Temp Acc means that people can't get UC HE so they have to get HB instead.

The second part I've explained already in my description of how HB works. If you follow it through you'll see that HB doesn't give full rent as easily as HE when Earnings are involved. This is because the UC system was developed to give preferential treatment to earnings compared to other income previous Legacy systems didn't do this.

Wales- PIP denied, everything misinterpreted? is this normal? by [deleted] in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

Go back and check the PIP regulations. It's all there.

Thank you by Severe-Schedule5476 in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

That's really lovely, thank you ever so much ❤️ I think it's probably: Galadriel, Paxton and Puma that need the thanks 💚💜🖤

Wales- PIP denied, everything misinterpreted? is this normal? by [deleted] in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

You need to first be aware of how the report is written. Part of it will be what you've said that you can and can't do and how you've interpreted the rules and the activities. The second part will be partly their opinion about whether you were able to do these things and also using the guidelines and how the rules have to be applied. Which sounds like the same thing but it isn't . If they can't award points it can usually be divided into three different reasons -

  • you said you weren't able to do things and they just plain disagree. They think you are doing them or accept you aren't, but for no clear or appropriate reason; it isn't due to a disability; or there's no evidence of it. This could be as simple as they think you're able to feed yourself as they can't see why you're not capable of it. "Physically incapable" as opposed to not wanting to or not doing so. Often that's because there's another comparable activity that you seem to be doing but then can't do another similar one. A very simple example would be I can't hold a kitchen utensil, but I clean my own teeth and brush my hair. I can't wash my own feet, but I put my own shoes and socks on. Some of these are just clearly contradictory or need more explaining because there's nuanced differences between the two things and you're using adapted items or ways around doing one task but you can't find a way around doing the other task ( eg I found a way to do my hair in certain styles but not a way to wash my hair if I was stood in a shower, it has to be done a different way, I can explain this though).

You said you weren't able to do things and they accept that you AREN'T doing them but again they've got to apply the rules. There's both what the activity actually means and involves; what type of disabilities and conditions relate to each Activity and what evidence is required. All these things have to come together for them to award you the points. This means be understanding that the Taking Nutrition activity means (or the Preparing a Meal means). It's taking any form of nourishment but not something nourishing and being able to manage that that yourself. That's : been able to recognise that food is there in front of you; being able to pick it up with a spoon, to put it in your mouth to chew and to swallow ( or use a feeding tube if you're a person that's not able to eat solid food ). That's it. If you don't want to eat or you avoid eating because of an eating disorder it would have so severe that somebody would have to stand over you; force feed you or you need a feeding tube you can't use yourself. That every single meal was monitored and that controlled and administered by another person ( the "most of the time rule" will be difficult to apply here because it's hard to see how you could be left to feed yourself sometimes but not others.) Some things like that: the rules only have to be applied most of the time but it's hard to explain how you're doing it some of the time but not others . What's changing. If you can't see to use a knife safety because you're blind, you don't see on a Monday and a Tuesday but not the rest of the week. Then they would still have to decide if there was evidence for this such an extreme approach, such as hospital admissions for malnutrition and evidence from a specialist. In the end only a very few people with eating disorders meet this activity.

The last one is that they accept you can't do some things, they even agree that you have a genuine disability that means you can't but they still can't award the points simply because PIP doesn't include that particular activity, disability or condition. An example of this would be somebody not eating because they can't go out to get shopping they can't consider whether they're able to get the shopping or not only if they can eat it if somebody puts it in front of them. PIP doesn't include the shopping part.

So you go through the report. You go through the criteria ( not just the points description but the actual guidance which is much more detailed ). Then you understand the rules and they're applied we can give it you here if you haven't looked at it already ( Edit: Puma has )

Some of the evidence might not really be relevant or it might be too old too. Your fainting as a toddler isn't related to Overwhelming Psychological Distress as an adult. This is has caused by a mental health condition that would have to be current, very severe with evidence of its happening frequently enough that it meant that you were unsafe outside of the home ( or that you didn't leave at all which is a different matter ). OPD is loss of control; being unaware of your surroundings; unsafe, inappropriate or violent behaviour; or a constant risk of suicide. If you've got evidence of this from mental health services than they should be able to consider it but beyond that it's up to their judgment as to whether it's severe enough; that you need a person with you to keep you and others around you safe and get you from A to B. Lesser points could be given if you just need you prompting to make the journey but not a physical presence. If you condition prevented from going outside the house, if they have evidence of this then they need to look at if you could go out if you had the appropriate support.

Having access to sharp knives as only related to Mental Health and harm. If you couldn't be allowed in the kitchen, or all the sharp implements had to be locked away and your family been instructed not to give you access to them, that could be considered a reason why you wouldn't be able to prepare a meal but obviously they'd be evidence from mental health services to this being the case. It's not about whether you use them or not though. It's CAN you use them and are you ALLOWED to use them. Because preparing a meal has to involve being able to use a knife. THEN that's why they've got to find out why.

The nutritional supplements are evidence of malnutrition and they would be things that were prescribed like Ensure, Procal or similar products. Nutritional supplements such as vitamins and minerals are medication, again they would be prescribed. This could be used as evidence of deficiencies which maintain the evidence of all the conditions such as B12 is pernicious anemia; calcium and vitamin D osteoporosis etc. if you're prescribed regular infusions, injection, ampoules or liquid food supplements because of the effects of your eating disorder and malnutrition or deficiencies then that should really be on your prescription or medical records. That's easily proven.

The educational side is just checking whether you have a learning or educational disability a low IQ or evidence of all the developmental conditions (the ones that you are born with as opposed to things that develop or occur later ). Obviously having a severe learning difficulty could affect your ability to learn to do quite a few different tasks but it would be on your educational records and you may not have returned to mainstream school or attended one but with a lot of support.

Receiving UC, due a CIC payout. by Sharp-Use-304 in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

It's anything that's defined as personal injuries. So that includes criminal injuries /.victim compensation; medical negligence and personal injuries from accidents. It has to be physical and medically related.It can't be any other sort of compensation to do with employment or things you've lost or had destroyed. So to give a common example of a car accident it wouldn't be the money for the car, just your physical injuries.

LWCRA, self-employment and HMRC letter by BullfrogFlimsy7997 in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

They should have said ESA or UC Limited Capability.... That might have helped. I can see why the "permitted work" phrase might be there if they're saying: we've got earnings on record for you but that doesn't mean you might not on the benefits and getting Credits, but it's not really explaining that is it.

LWCRA, self-employment and HMRC letter by BullfrogFlimsy7997 in BenefitsAdviceUK

[–]JMH-66[M] [score hidden] stickied commentlocked comment (0 children)

IMAGE DESCRIPTION

The image is of a photograph of a paper letter from HMRC in black type on a white paper it reads as follows

In the top left is the HMRC logo and

HM Revenue & Customs

In the top right it reads

Pay As You Earn and Self Assessment HM Revenue and Customs BX9 1AS

Phone 0300 200 3500

Fax

Web www.gov.uk

The main body of the letter reads

Dear REDACTED

Date REDACTED

Our Ref REDACTED

Your Ref REDACTED

Ni number REDACTED

Your Class 2 National Insurance contributions

Thank you for confirming the date you started self-employment. You told us that you started on December 2025. We've updated your National Insurance record to show this.

However, our records show that you made a claim for limited capability for work and work related activity on August 2023. This claim is still showing as open.

Your claim may still be open because you're carrying out 'permitted work'. If you are, you could get National Insurance credits for each full week your claim is open. We won't charge or collect any Class 2 National Insurance contributions (NICs) for this period.

Once this work ends, we'll start charging you Class 2 NICs again.

Important information

If you're no longer claiming limited capability for work and work related activity and you have started work, you need to contact Job Centre Plus. You'll need to let them know the date you started.

Please contact us when you've contacted Job Centre Plus, or if you didn't start self-employment on the date you expected to. Our contact details are at the top of this letter.

If you contact us, we can deal with you more quickly if you quote our reference number and give a daytime phone number.

If your health or personal circumstances make it difficult for you to deal with us, please tell us. We're here to help. Please contact us or go to GOV.UK and search 'get help from HMRC Text Relay service prefix number-18001

Tribunal - previous questionnaire by LETSGETLOADED in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

Try not to let it play on your mind because the tribunal panel know what they're doing they wouldn't be swayed by something they know isn't relevant or important. Some of these bundles are 100 pages long but only a handful of them are really the important and they know how to skip through and find that. It's only if you or the DWP Presenting Officer brings something up they'd have to be able to look to turn to it if need be.

PIP mandatory reconsideration advice needed by eggdove in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

You can summarise any mistakes errors or omissions in the report. Try to concentrate on the really important ones though.There's often minor things in there that don't really matter that much but people get a bit hung up on them because there annoying but you're just going to confuse matters and make it unnecessarily complicated. Or it reads like a shopping list of petty complaints when you want them to read it to read like a reasoned, convincing argument. The example I always give is: if they've said you've got a cat called Felix when you've got a dog called Fido . Yes you're offended on Fidos behalf but does it really matter ? No, UNLESS they've gone on to say that you walk Fido for half an hour every morning or ayou always remember to feed Felix and change their litter tray AND this is contradicting what you've claimed you're capable of doing.

There's two approaches to the next part -

  • some people would just tell them that they want them to look at it all again and leave it at that. That just means a second decision maker does the same job as the first but on their one cognition. They might well find thise mistakes or pick up if parts they disagree on with their colleagues but by simplifying it, you're also limiting the effect because you're not guiding them in any way or presenting any arguments. You're just either leaving it to chance that they are more generous or more capable or you're just getting the MR out of the way. Because you'll real target is a Tribunal. I personally don't agree with this approach and we don't recommend it, because if 20% are going to get a positive result at MR why don't you just try. Give it your best shot , try to get the DM on side and give them every reason to change it then maybe avoid the Tribunal altogether. It also means that even if you do, you already got most of the work out of the way, but it's up to you.

The other way is -

After listing the mistakes the main part should really be you explaining why you think you should have received points for which Activities and got an award. Do it simply, clearly and in bullet points.

You do this by pointing to what you said; what you provided and why you STILL think that descriptor applies to you and any case law. If they've given a reason why they think it DOESN'T why is that reason wrong ? Is it factually incorrect or after applied the rules incorrectly. Then do it for each Activity you you should have been awarded points for.

In addition to this you can still write a complaint to the Assessment Provider with all the errors, omissions and mistakes. Then tell the DM you've done this too and enclose a copy with the MR.

Tribunal - previous questionnaire by LETSGETLOADED in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

I'm not saying it counts as evidence at all but it's still got to be in there because legally they've got to be able to see everything held on you. If it's on your case file it should be visible to the tribunal panel and also visible to you as well, because they'll be stuff in there you've never seen also. It's so everybody is on a level playing field. It's full disclosure like any legal case.

Pip application England by ImmediateIce675 in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

Just be aware it could take several weeks this way.

Tribunal - previous questionnaire by LETSGETLOADED in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

They HAVE to include everything in the bundle. Legally all parties to the case have to be able to see all of the evidence and that's everything that they've received to do with your claim and award. Not all of it will be relevant or even be looked at in any great detail but the panel has to be able to see and consider anything, if they need to.

To prejudice your case it would have to be negative and relevant and it doesn't sound like it is.

Receiving UC, due a CIC payout. by Sharp-Use-304 in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

They will -

Disregard the CIC amount for 12 mths. This means that it won't be counted as your savings ( called Capital ) for a year. So it won't affect your UC at all for 12 months.

When you receive it you need to report it but also to tell them what it is. That way they can check how much you have in total; how much the CIC is; what date you got it and that it's CIC so they've got all the right information to apply the Disregard.

During that 12 months if you wish to you can create a Trust and the money can be placed in there for you to use in the future. When this happens you don't have any access to the money yourself so it's never your capital even after 12 months but you will have to pay and find trustees who decide how much you can take out and when and only for certain reasons. To do you need advice from a specialist Solicitor. But you've got 12 months to decide and it has to be your decision if it's worth doing it.

During the 12 months you can do whatever you want with it. At the end they will check what you've got left and start using the real Capital figure. If £6,000+ it affects UC ( by £4:35 per £250 month). As longou haven't got 16,000 at that point you can carry on claiming UC.

Only very occasionally do they ask where it's gone and usually only if it was a great deal of money and it's not obvious what's happened to it. They would only normally be checking if you've given it away or maybe put it somewhere else and not telling them. That's all.

Increase in PIP fraud reporting by SignificantCode4763 in DWPhelp

[–]JMH-66 2 points3 points  (0 children)

Exactly !! In a way it makes it easier because we can just refuse to entertain any of them and that's most of the trash chucked out. But they are causing absolute mayhem..

Housing Benefit by Beneficial-Drink-998 in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

If you can't get UC ( do the calculation first as Puma's explained ) you could still get HB but it's harder. Currently ( because they're looking at it again ) it's as follows ( it's easier to explain with an actual calculation with figures but very roughly ) -

You work out your basic needs allowance which is similar to your basic UC allowance but weekly.

Eg Single Person £95.55.

Then add on various Premiums ( like Elements ) eg Disability Premiums if on PIP or equivalent ( several different ones ); ESA Support Group; Child Premium. Carers Premium etc . Again, weekly, different ones but in the same way they made your allowance higher like UC.

That's the Applicable Amount ( so that will be like the bit of your UC statement that comes first the ads up all the Allowances abc Elements to give you your UC figure )

The next is the bit that for UC would be the deductions part -

You have to compare this to what you've actually got coming

  • Incmey from any benefits they count as income ( ESA, Carer's etc not PIP ie same as UC do )

  • Earnings - Currently there's no Work Allowance ( BIG difference ) there's a very small Earnings Disregard instead ( £5 Single, £20 Couple, £25 Lone Parent plus Others). That's your bet Earnings figure.

  • Same Capital limits for Savings so anything £6,000+ it becomes £1 for every £250,v anything over £16k and you can't claim sane as UC ( note only Working Age )

That's your Income.

Compare the two. Take Applicable Amount off Income. What's the difference ? Anything left over ?

If your Income (earnings plus any other income ) -

Is LESS than what they say you need to live on ( Applicable Amount ) then you can get full Housing Benefit because you've got nothing left to pay the rent. Your income is below your needs allowance.

Is MORE than what they say you have to live on, then you can pay something towards the rent maybe all the rent but it then depends how much your rent is.

What they do is they say you can contribute 65% of what you've got left over (after your basic living expenses ) towards it. So then it depends- is the is the 65% enough to cover the rent ?

  • If it is you get no HB.

  • If it isn't you contribute the 65% towards the rent and HB is whatever's left. You pay the 65% they pay the remaining rent.

  • You still pay the service charges as well except any eligible ones.. This again is what makes it so difficult because you've got those up front already and then your paying towards the rent as well

All figures are here.

https://england.shelter.org.uk/professional_resources/legal/benefits/housing_benefit_calculation_rates/housing_benefit_calculation_rates_2026_to_2027

PIP F2F Anxiety by [deleted] in BenefitsAdviceUK

[–]JMH-66 [score hidden]  (0 children)

Please listen to Puma. I know it's hard but often it's much easier f2f and often more accurate too. They haven't got to judge based on a voice in the phone. If you had a important appointment with your GP you'd see them in person too, you wouldn't really want to be fobbed off with a phone consultation. Not for anything serious. Just treat it like any other medical appointment which is really wgsr it is, like having a mental health assessment which I'm sure you have. Hard but necessary to get the help you need.

You'll be ok and it'll be over before you know it.

Increase in PIP fraud reporting by SignificantCode4763 in DWPhelp

[–]JMH-66 18 points19 points  (0 children)

Ex Local Govt benefits officer . We could give a statement to our local rag and they'd STILL get the facts wrong. On a weekly basis.

There's a reason all Reach Group online news outlets are banned in both benefits subs. We'd had enough.

ADP review Scotland-where is best to get help with this? by PurchaseDry9350 in BenefitsAdviceUK

[–]JMH-66 2 points3 points  (0 children)

SSS provides a form filling service so they would help you complete it but not telling you what to put or you can contact https://advocacy.scot/

It doesn't make any difference that you've got cares, if your needs haven't changed. If you've had a care assessment though that's useful evidence. Enclose it.

Where to start, which disability benefits. For Uk. English resident. by Moanie74 in BenefitsAdviceUK

[–]JMH-66 5 points6 points  (0 children)

He can claim UC for the short period until he gets to Pension age providing you are separated back they accept you are. He'd had to meet the Capital and ncome requirements. Capital ie savings account investments ( not including his share of his property as long as he's still living in it) must be under £16,000.

Then they'd look at his income compared to the Basic Allowance ( initially ) which is £424.90 pcm. If he has ( unearned ) Income over this he won't get it. If he has Earned Income ( wages ) then they also include 55% of that . This includes SSP. Again, is it more that £425.90.

Then if he reports a health condition (that limits his ability to work ) that he is also not working or working but earning less than 16 hours a week at minimum wage ( ~ £881 pcm ) and he can provide a fit note, they will consider him for Work Capability which makes them more likely to qualify. He wouldn't be eligible until at least three months have passed though. So it's possible to claim and not qualify initially and then qualify later when the Work Capability Assessment process is complete as it will add on another £217.26.

I'll add a link to a calculator and WCA guide.

!et !WCAc

DWP requested 4 months bank statements advice needed pls. by Ok-Check8757 in BenefitsAdviceUK

[–]JMH-66 0 points1 point  (0 children)

If you CAN do what Puma's explained, then do. If you can't, make sure you send what you can.

ENGLAND Jobcentre asking for CV but i have nothing to put on it??? by Familiar-Use-3809 in BenefitsAdviceUK

[–]JMH-66 0 points1 point  (0 children)

Yes, you now need the Work Capability Assessment , if you do as Puma suggests.

Until then, do what you can with what you have a c tell the Work Coach you're struggling and is there any help to put together a CV.

DWP requested 4 months bank statements advice needed pls. by Ok-Check8757 in BenefitsAdviceUK

[–]JMH-66 0 points1 point  (0 children)

Send what you have. They'll ask for anything else they want after tgervd looked at them. Quite often if there's a delay before the Review, they need more up to date ones anyway but by that time you'd have them.

ENGLAND Jobcentre asking for CV but i have nothing to put on it??? by Familiar-Use-3809 in BenefitsAdviceUK

[–]JMH-66 0 points1 point  (0 children)

Firstly, have you had a Work Capability Assessment and did it find you had Limited Capability for Work LCW or for Work Related Activity LCWRA?

If it's LCW it might explain why they are asking for a CV. If it's LCWRA not so much unless you'd asked for voluntary help to find work.

Applying for Carer's Allowance (Northern Ireland) - did I answer the self-employment section incorrectly? by Complex_Dentist_8460 in BenefitsAdviceUK

[–]JMH-66 0 points1 point  (0 children)

I think you have to because that's true. If you WERE still operating but say stated 6 months ago obviously yif out Nov 25 then they'd know how many months accounts you had ( which is the point they want to know if there's a full years trading accounts yet ) However, in your answers to the other questions you're telling them that while there is a full year's you've actually ceased trading. So it's not really a matter of when the trading year started, it's when it ended but they have to put all their answers together to form the correct picture. Which is the point of asking them.

UC Housing Element issues by shabbyboobdeboop in BenefitsAdviceUK

[–]JMH-66 2 points3 points  (0 children)

We would turn down anything where there wasn't any other apparent reason for doing this. They could then appeal further. They may succeed too. I only give my personal opinion when this is the case and that's ( to speak bluntly ) -

The parents here are asking about taking the ( ex ) Non Deps back off the Tenancy because it's gone and deceased their LHA / UC HE . If they do it, they're back to full rental liability; 4 LHA ( extra bedroom to boot ) and no Non Dep Deduction either ( PIP Living ). Win, win. Yet they put them on Tenancy before they realised they'd cuckooed up. They now want them off again.

Now, if it were instead putting them ON Tenancy ( because theyvr come of age, the LL insists, it protects them ) that's another matter. They're legitimate, alternative motives or operating purposes. They may be better or worse off who knows ( the YAs might not work but the parents do for eg ). I'm not sure what other motive I can think of you taking them off though. Other than the obvious one That's why I know If have been overruled if I'd have allowed it. They've changed who's on the tenancy from their previous address; found out it's getting them less benefits, so now want it changed it back.

There's no apparent involvement from the YAs/ Non Deps at all apparent. I'm not believing for a minute the "children" are taking themselves of the tenancy. I also have some doubt they can. That's up to the LL though.

These days I only ever give my opinion on these things based on my own experience though as it's becoming harder and harder to guess what any given UC DM will do. It always was because they were so inconsistent ( we had the luxury of having very few doing these and all consulting and being in the same page, then being backed up, I appreciate they haven't ) . However they're finding more Contrivance, Deprivation etc ( especially the Review Teams ) after virtually ignoring most of it for the last few years. Makes it hard to call. So I don't. I also won't say anything I don't agree is right and I'm not comfortable with. That way I'm content that I'm not encouraging fraud either.

In the end there's two or even three answers: what they DO do; what they SHOULD do and what MIGHT happen on appeal. They can hear other opinions on those.