Login FormClose

Free, fortnightly PIP, ESA and DLA Updates

Our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: ESA to UC Forced Migration

ESA to UC Forced Migration 3 weeks 6 days ago #221278

On the 20th July this year my wife left me, I immediately contacted the DWP to advise them that my wife had left and of the change in my circumstances and that only myself and his son now lived at our family home. At this time they advised that I did not need to contact any other government agencies and that the change in his circumstances would be passed on to the relevant government departments, this was a godsend at the time as I suffers from epileptic seizures and extreme levels of anxiety and stress and other physical and mental issues as well as the considerable amount of medication I take with all their side effect that goes along with it, the fact that I was told that the change in circumstances would be passed to the relevant government departments was a huge relief and weight off my shoulders in what was already a highly stressful time for me.

Today I received correspondence from HRMC stating that infact I did not inform them of the change in his circumstances, they have threatened me with a fine, told me I will be liable for all the tax credit from July until now as it was me who received the money into my bank and also told me because I never informed them in July of the change in his circumstances and that my area has now changed to Universal credits on the 19th September I won't be able to claim tax credits anymore, I will be transferred to UC without any migration protection and as a result will lose his severe disability premium. If I had instead contacted all the relevant government departments myself at the time as he had intended none of this would have occurred


I realise everybody will need to deal with the issues relating to Universal Credits, but I will have to deal with all these extra issues because he was incorrectly advised by somebody at the DWP, this surely can't be fair that I am being punished to such a degree when he was only following instructions.

These issues are now having a severe effect on both his mental and physical health, he feels like he is being punished when he has done absolutely nothing wrong.

I either loose me SDP and transfer to UC with all that entails or loose my Tax Credits, what a choice.

If anyone has any advise it would be most appreciated.

Please Log in or Create an account to join the conversation.

ESA to UC Forced Migration 3 weeks 6 days ago #221305

  • Gordon
  • Away
  • Posts: 40475
Mark

Get face to face advice as what you have been told does not seem to make sense as you are not making a new claim for any of the benefits that come under UC, do an internet search for "welfare advice" with your postcode, town or county.

We don't advise on Tax Credits so my knowledge is limited but as far as I am aware you, as the claimant, cannot receive TCs and ESA at the same time as you have to be working for more than 16 hours a week to receive TCs and you cannot do this and receive ESA.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Gordon.

ESA to UC Forced Migration 3 weeks 5 days ago #221333

Thanks for your response Graham, it is Child Tax Credits not working tax credits.
What they said is because I never told them about my change in circumstances in July and my area changed in September, Therefore I am no longer able to make a Child tax credits claim and will be forced onto UC. All because I was miss-advised by DWP.

Please Log in or Create an account to join the conversation.

ESA to UC Forced Migration 3 weeks 5 days ago #221363

  • Gordon
  • Away
  • Posts: 40475
Mark

I assume that the child TCs were in your wife's name?

I'm afraid I can't see a solution to your situation if all the benefits were owned by the DWP then I think that a complaint might have allowed you to have avoided UC but with HMRC involved I doubt very much that you have any options.

Get the face to face advice.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA to UC Forced Migration 3 weeks 5 days ago #221370

No they were in my name.
Thanks
Mark

Please Log in or Create an account to join the conversation.

ESA to UC Forced Migration 3 weeks 5 days ago #221372

  • Gordon
  • Away
  • Posts: 40475

Mark wrote: No they were in my name.
Thanks
Mark


Then there should be no need for a UC claim as you are not making a new claim for the TCs.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
  • 2
Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke