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RJM Law
RJM Law, Lawyer
Category: Law
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Experience:  LL.B (Hons)
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I'm an American citizen married to a UK citizen, We are in

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Hi, I'm an American citizen married to a UK citizen, We are in the process of applying for the UK Spouse visa but ran into a bit of a unique situation regarding his PIP and Universal Credit benefits.
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I'm in USA and that's my citizenship. We haven't filed any paperwork with the UK yet. He has a call with Universal Credit tomorrow morning to make his claim but we have a few questions that Citizens Advice couldn't help us with.
JA: Have you talked to a lawyer about the family visa?
Customer: No, but I've read a ton online
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: So basically we're on a 6-month tenancy agreement with a private landlord, it's us two and one of our friends, who is not on UC. My partner and I have separate rooms due to his disability (he does not have a carer FYI), as he is on the daily living component of Personal Independence Payment so he is eligible for it. However we are unsure if Universal Credit will be able to support this. Without the UC help for both rooms we fall just below adequate maintenance, the financial requirement for those on PIP.

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Thank you for the question.  When Universal Credit look at this issue, they will still consider you a couple (you may be entitled to a carers element).  The fact you stay in two separate rooms should not make a difference to the claim (in the positive or the negative).  These parts of the UC are non-means tested so this may actually make no difference at all.  However, if you find that this is unique situation and they do not make a decision in your favour, you will want to do a mandatory reconsideration with the DWP, however if your claim is still not accepted  at this stage then I would highly advise taking it forward to a tribunal. If this is indeed a unique situation then you can have a "new" judgment made on it, if the judge believes that you should be awarded it then he can essentially make new law to support your claim.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

RJM Law and other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you so much!!
Customer: replied 8 days ago.
QQ – will universal credit pay for both of the rooms due to his disability? Or is that getting too into access to public funds territory for me?

The UC is based on two rate and it depends on the level of needs, it would not likely cover the cost of paying for both rooms.  However if you could show that it is 100% required then it would be worth taking to a tribunal.  If you speak to other Citizens Advice Bureaux they may be able to provide you with representation free of charge to challenge this matter.

Customer: replied 8 days ago.
He currently receives the highest PIP amount possible
Customer: replied 8 days ago.
Okay great i'll reach out to them in the morning!
Customer: replied 8 days ago.
But what do you mean by UC is based on two rates?

There is an upper and lower rate, if he is receiving the most then you will be on the upper rate.

Customer: replied 8 days ago.
Ohh yeah he's on the upper rate. And combined we have less than £6000 in savings

You will be elidgeable for benefits with that level of savings.