What can go wrong?

Only getting 50% of your rent covered because you have an untidy tenancy?

Where you have a joint tenancy but your joint tenant no longer lives in the property (for instance where a couple have separated), the DWP often refer to this as an ‘untidy tenancy’.

The online system will automatically divide your rent in two and so the Housing Costs Element included in your UC award will only cover 50% of your rent.

But although the DWP has the discretion to cover the full rent, they sometimes suggest you need to have the former joint tenant taken off the tenancy.
Contact us if you think that has happened and we will help you challenge that decision.

Told your ESA decision doesn’t count and you have to have another medical?

Where you where getting ESA immediately before claiming UC and you have not been found ‘fit for work’ then the UC regulations state that any decision regarding your capability for work should be transferred over to your UC claim.

But the DWP do not always apply these rules and so refer claimants to a new medical assessment.
Contact a benefits adviser if you think this has happened to you and they will help you challenge that decision.

First UC claim was closed and now you have a gap in your benefits?

Once you have submitted your claim for Universal Credit there is still several things you must do to ensure the claim goes into payment. If you fail to do these your claim can be closed.

However, sometimes the DWP does not give the claimants the following required time limits:

  • Attending the new claim interview
    A ‘cooling off’ period of 7 days to accept the claimant commitment
  • Verifying you identity
    One month from the date of claim
  • Providing supporting evidence
    One month from the date of request

Contact a benefits adviser if your first claim for UC was closed, but don’t delay in making a further claim for UC.

Been sanctioned for not keeping to your Claimant Commitment?

If you are expected to look for work in exchange for getting UC, your claimant commitment will outline what you need to do.

If you do not keep to this agreement then your UC can be sanctioned.
But your claimant commitment must be realistic and take account of any health problems or exceptional circumstances.

Contact a benefits adviser to find out if it is worth challenging the sanction decision, whether you should request your commitment be changed and discuss hardship payments.

Although I am caring 35+ hours a week, I have been refused the Carer Element as I am not in receipt of Carers Allowance

A Carer Element can be included in your UC award when you are not entitled to Carers Allowance as long as you are caring for a severely disabled adult or child for 35+ hour a week (and not having a Limited Capability for Work Related Activities in your UC award).

And, unlike Carers Allowance, there is no earnings limit – so workers can have a Carer Element included in their award.
But not all the DWP staff seem to understand these rules.

Contact a benefits adviser if you believe you have been wrongly refused the Carer Element.

I would like my sister to be able to call the UC helpline on my behalf, but have been told this isn’t possible

You can ask another person or organisation to help you deal with your UC claim, but you have to formally inform the DWP that you have given this permission – this is called explicit consent.

Explicit consent can be given by you by making a note on your journal, through the UC helpline or by informing your work coach.

The permission for that person to be able to help you only lasts until that particular issue has been resolved. So you will have to give explicit consent for each issue you want your sister to help you with throughout the lifetime of your award.

If the DWP refuses or your sister has difficulties, then contact a benefits adviser – they can help you make an official complaint.

I need printed proof of my UC award for claiming Free School Meals, I don’t have access to a printer

If you are asked to provide a printed copy of your UC award you can request this by adding a note to your journal or by contacting the UC helpline.

If you are refused, explain that you have to get copy of the information that is held about you – known as ‘right of access’ in data protection law.