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Where to start - which benefits apply to me?

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17 hours 52 minutes ago #303310 by Lindy_3
Hi,

This might be a long-ish message as I am new to this forum and fairly new to the benefits system in general (I have used it once or twice but under different circumstances). I'd be very grateful if anyone can shed any light on what (if anything) I ought to be applying for. Here's my situation:

I run a small business as a sole trader and also work as a freelancer. I live alone and I moved into my current flat to escape a dangerous situation; I was homeless for several months prior to moving in. When I moved here, I was granted 12 months of full Universal Credit, normally awarded to people in a business “start-up” period, while I got my business back on track. This period has recently ended.

During these last 12 months, I have been recovering from trauma and in January I finally went to my doctor due to repeated migraines (they go on for a week at a time) and he wrote me a fit note to say that I could work only 3 days (24 hours) per week. I reported this to UC at the time and I expected this to have some bearing on my UC/ “start-up” period, however I was simply told that when my 12 months came to an end, my Minimum Income Floor would be lower than for someone who was able to work full time.

I was informed that I must meet a Minimum Income Floor of £1,157.00 per month in order to still be considered eligible for benefits, so I have been striving to meet this, despite being unwell a lot of the time. I have invested everything I possibly could, financially and physically (all provable) into getting my business back up and running.

I went to my final meeting last week – the end of my “start-up” period - and I was told that now, if I meet the Minimum Income Floor of £1,157.00 per month then I will get a maximum of £121.00 per month in UC. This was the first time anyone had explained this to me. This total doesn’t come close to covering living expenses (my rent alone is £1,150, before council tax, energy bills, fuel food, etc., etc.). I feel I’ve been completely misled this last year and I’ve been working this whole time to achieve a goal that would never have sustained me had I reached it. I signed a new 12-month tenancy agreement the day before finding this out and I’d never have done that if I’d known I’d be in these circumstances; I am now facing the possibility of losing my flat and paying a penalty if I leave before my tenancy ends.

As well as feeling totally deflated and quite scared by the situation I’m now in, I’m also very confused:

I don’t understand why my health condition was not taken into consideration during my start-up period. Logically, I would think that my start-up period should be extended, given that I’ve been incapable of working on building my business full time since January (in fact, it has been longer, but my fit note says since January).

What I’m asking is: What category do I fit in for benefits? Can anyone share any advice on what steps to take next? I now have a UC50 form to fill in; is there anything else I should be looking into?

I want to mention that I do actually expect all my work and investments to pay off with my business and freelance work eventually, however I don’t know exactly how long it will take to produce a return. I intend to keep working on it and I’m hoping to find the right kind of support in the meantime and while I’m regaining my health.


Thanks for reading!

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7 hours 20 minutes ago #303318 by David
Hi Lindy_3

The UC50 could be good news as if you get LCW status after your WCA medical then the MIF will be removed completely. So you need to get as much help as possible in filling out the UC50. You can start with our guide--
www.benefitsandwork.co.uk/?dlp=680b1ab2640ac

Otherwise what the DWP are saying is correct. You can get the MIF reduced further if the GP lowers your expected hours of work from the current 24 per week.

If you gave up self employment all together then the MIF would be removed completely.
The Work Coach won't allow you to give up self employment temporarily. But there is nothing legally to stop you from stating that you are ceasing self employment permanently and then when your health improves returning.

Otherwise to get more income your business will need to generate a bigger profit.

As far as help with rent you could look at the terms of your local Council's DHP ( Discretionary Housing Payment ).
Is your Council Tax support being calculated correctly ?

Let me know how you get on.

David

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

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