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Being forced to claim Universal Credit - Cheyne

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  • Being forced to claim Universal Credit - Cheyne

    Hi everyone, new to the online discussion so here's hoping I can get a resolution or some assistance.

    I am I suppose a little more fortunate than many of my fellow claimants, none the less my problem exists because I don't wish to claim any DWP benefits, but because of a default, I am as is my wife being "DRAGGED" into the welfare system because of a change in circumstance.

    I/we decided to get married this year, my wife prior to the marriage was in receipt of child tax credit, which after notifying HMRC about her change of circumstance closed her claim down, they informed her that she has to now claim U/C, she has to note, never claimed any benefits or has been unemployed ever so has absolutely no knowledge of how the DWP work!

    She had to take time of work to get assistance from the DWP local office to fill in the online application to claim U/C, she did this and agreed to commit looking for more work etc even though she works over 35 hours a week and has a child, after she filled her claim in, it requested that I also claim, something that I do not wish to do, however for the purpose of giving them the financial situation I did so, I, however, refused to sign their commitment as I had no intention of claiming U/C and that my financial information was sufficient for the HMRC and has always been so, I am in a unique position I know!

    I am also a War Veteran on a full disablement war pension, I don't need to or wish to claim benefits whatsoever of any kind!

    My partner, however, is entitled to the Child Tax Element as her income is on the lower scale, my income is totally disregarded, and I am not fit for work, and I have survived on my war pension now for 18 years without the DWPs help in any manner at all!

    My partner has had her child tax stopped since Aug and has not had a penny from them, because they state I must look for work and that I have to claim universal credit as she does, this, in my opinion, removes the individuals human rights to claim, it breaks human rights of the childs protection against poverty, and it breaches my partners personal information (data protection), along with around other several breaches of the rights to fair representation and appeal process, the fact that the DWP have closed her claim down without representation because they insist I claim for benefits that I DONT want is forcing both of us onto the welfare system! which neither of us wants, we are we believe being denied our rights to child tax credits by a system that is designed to say NO! Any help appreciated.
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  • #2
    As a married couple you do make a joint claim because the amount awarded is based on household income. Did you live together before you married? Tax Credits were based on household income so it is the same deal with UC.

    So as you understand it

    --You have to make a joint claim because you married and they stopped the child tax credits to move you to UC.
    --Your wife has to agree to look for work ( even though she already works over 35 hrs - and has a child )
    --You have to agree to look for work ( even though you don't work and are quite happy living on your War Disablement Pension )


    CAB states
    It should be noted that war Disablement Pension is totally disregarded for Universal Credit purposes.
    But then that causes this obvious problem when claiming UC as a household.

    Daft question - I know you don't wish to work and don't need to - but are you 'capable' of working?

    https://www.entitledto.co.uk/help/Lo...iversal-Credit

    Originally posted by Rightsnet
    However, now Universal Credit is here we may have a problem, which could be a potential unintended consequence that the government did not foresee.
    One positive is the War Pension is ignored as income for Universal Credit. However, to claim UC they will still have to meet LCW and LCWRA criteria which is much harder than Unemployability Supplement. This may therefore mean they do not meet the criteria for UC and therefore cannot claim help with their rent. I can’t see anything in the legislation that would cover for this situation.
    I just want people’s opinion as to whether I have this correct as a potential problem. If so we will take this up with DWP / ministerial level as this could be viewed as going against the Armed Forces Covenant – those who have served in the nations armed forces should face no disadvantage when accessing government support e.g. benefits and social care.



    MoneyAdviceService Help
    https://www.moneyadviceservice.org.u...ts-for-couples

    Universal Credit Helpline
    Telephone: 0800 328 5644
    Monday to Friday, 8am to 6pm
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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