Reply To: UC stop notice

#163773
Julian Hobson
Participant

That is really useful – I'm sorry if I'm coming late to this conundrum and other folk have thrashed it out already or come to a different conclusion.

I've just read regs 13 and 14 and my conclusion is that an authority can revise a decision to terminate entitlement using the DMA regs and if it does the SoS can look at that decision to see if it affects her UC decision  (reg 13(5)(a) of these regs regs http://www.legislation.gov.uk/uksi/2014/1230/pdfs/uksi_20141230_311216_en.pdf ) so there is some room for a stop notice to cease to have effect by a revision made by an LA in relation to that termination.

Similarly reg 14 would appear to understand that HB might be reinstated in cases where the UC claim failed. I can't see how 14(1)(b) could otherwise apply. I understand that reg 14 is about what happens when an appeal against a UC decision is made rather than an appeal against a relevant benefit but both 13 and 14 recognise that a claimant can appeal and that if successful in obtaining entitlement to both then the relevant benefit will cease as opposed to the UC.

Any thoughts anyone ?