Terms & Conditions

[Peter Barker]

All those UT decisions are now out of date because Reg 8 of the UC(TP) Regs was amended from July last year. It is no longer necessary for the claimant to satisfy DWP that they meet the s4 basic conditions before HB terminates – the mere fact of the submission of the UC claim is sufficient to terminate HB two weeks later.

Before:
8.—(1) This regulation applies where–
(a) a claim for universal credit (other than a claim which is treated, in accordance
with regulation 9(8) of the Claims and Payments Regulations, as having
been made) is made; and
(b) the Secretary of State is satisfied that the claimant meets the basic conditions
specified in section 4(1)(a) to (d) of the Act (other than any of those conditions
which the claimant is not required to meet by virtue of regulations under
section 4(2) of the Act)

That is the version was at issue in the UT cases.

After:
8.—(1) This regulation applies where—
(a) a claim for universal credit (other than a claim which is treated, in accordance with regulation 9(8) of the Claims and Payments Regulations, as having been made) is made, whether or not subsequently withdrawn;
(b) [revoked]

Leaves absolutely no wriggle room now. As soon as the claimant hits “submit”, legacy benefits must terminate.