Reply To: A change of address in borough from Live Service to Full Service

#164005
peterdelamothe
Keymaster

Leigh Day have also acted on behalf of an individual who was transferred onto Universal Credit from Employment & Support Allowance and Housing Benefit after he moved to another home within the same London borough.

He was automatically transferred to Universal Credit, which disentitled him from claiming Employment & Support Allowance and Housing Benefit resulting in a significant reduction to his benefit entitlement.

Lawyers from the human rights team at Leigh Day discovered that he was not actually required to transfer to Universal Credit and benefits advisers had not properly understood and/or engaged with the regulations.

The regulations state that a change of address within a full-service Universal Credit area can be dealt with by simply recording a change of circumstances; it does not require the recipient to make a new claim for Universal Credit.

The man was informed that he was required to claim Universal Credit before he would be able to move to his new tenancy, which was due to start in three days’ time.

Leigh Day threatened legal action against the decision, following the threat of a judicial review the Department of Work and Pensions agreed to treat the Universal Credit claim as never having been made, with an additional commitment that they will reinstate his Employment & Support Allowance claim.

After further delay, the local authority also agreed to reinstate his Housing Benefit claim; no apology has been provided.