Student Couple and Underlying Entitlement

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    We have a split decision on this one so any advice gratefully received! HB overpayment created as closed period supersession, following discovery claimant spent 3 years at University without notifying us. Fine. However the issue we have is whether to award underlying entitlement.

    The claimant is an ineligible student for the period of underlying entitlement as his partner is a non-student. The partner is ineligible to claim as she would be migrated to UC as a new legacy claimant. Some of us say that is irrelevant and we have to consider UE, others say both are ineligible so no UE.

    • This topic was modified 10 months, 1 week ago by andrea.mclean.

    short answer is yes, apply u/ent – the regs read that had the full facts ofclmt and partner been known they are applied -0 in this case its Ok to notionally “swap”clmt and partner roles toaward the U/ent… theys a couple of posts on here ( i asked the same question a while ago as couldnt get my head around how someonew who insnt eligible to makea NEW CLAIM claim could be treated a such for Underlying entiotlement……. somevery detailed , technical replies explaining why it was ok….

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