Reply To: Mixed Age Couple – Right of appeal?

#284526
peterdelamothe
Keymaster

Those who report a change in circs late can be much better off than those who report on time? It must be magic.

hwall75…you and your colleagues did nothing wrong. Technically you are correct. No entitlement. A new claim cannot be made. Claim to UC is the next step. That is logical and correct.

There is however this rather wiffy closed period supersession (CPS) idea that (in my view) was invented by a Judge to resolve a specific issue he wanted to fix. He did not realise its use would go beyond that. I asked Judge Jacobs about it once. He indicated that he was and is not impressed and that he is not the only UT Judge who thinks that. You will not find it mentioned much if at all in their decisions. It is not mentioned in any Act or regulations. A “get out of jail card” that is pulled out of the hat when there is nothing else to rely on. Smoke and mirrors. In my view. Some welfare officers will mention it and hold their nose at the same time.

We have on this thread the CPS fan club (with all respect to them). I am not a fan. I think here it is being used to almost sabotage the clear policy that all working age claimants move to UC (except in very limited circs). Such claimants have had a fantastic run. 7 years since mixed age regs came in but as I say above they sure take a hit.

Approx 30 per cent of members on hbinfo believe in CPS and 70 per cent dont. The loss in moving to UC from HB mixed age is so significant that it is life changing and not for the better. I can well understand the financial issues here. As others on hbinfo have mentioned, Tribunal Judges are not very impressed and the usual result of such an appeal is (they report)”very sorry….nothing I can do…..you must claim UC”.

Out of interest hbinfo got more queries about mixed age issues in the first part of this year than any other. What usually happens is the couple are getting full or a lot of their rent paid by HB…lose their entitlement protection for various reasons….go off to claim UC housing costs…and are then told they do not qualify for anything. Ouch.