Reply To: Going back onto a legacy benefit (HB)


It must be said that the UT do not seem willing to undermine the move from legacy benefits to UC at the moment. Here the claimant applied for UC. Did they seek advice first? I am thinking of Citizens Advice. If they had or waited a while longer it would not be a problem now.

I note that welfare officers are saying (also on mixed age) do not claim UC….if you do that’s it and no way back (even if a mistake).

I don’t think this is even so much as a long shot myself. Sorry but by ignoring the Council review and then claiming UC without seeking advice they lost their protection and revert back to the intended policy; that they are now a working age couple and not a pensioner couple. I am not really sure what the grounds of appeal are….administration is outside the scope of a Tribunal and apart from a few desperate issues I am afraid I see nothing. I understand they dont like the new rules but there you go.

The LA took too long to deal with the appeal I know (and might consider small compensation) but there is a lot of wrong advice being given about mixed age by many Councils. It is far too complex imo. Usual stuff…transitional protection but more complex here because of the managed migration issues etc.