Terms & Conditions

[david farrar]

We have had a case crop up where the claimant was receiving JSA and HB.

On 24 February this year, a claim was made for UC.

UC stop notice was received on 24 February and HB was terminated on 2 March.

The DWP then determined on 6 March that customer is unable to provide evidence for the HRT. Customer moved to the UK from Spain when he was 5 years old, he is now 62 – all of his identity documents and documents that show his residency were destroyed in a house fire.

The DWP have asked that we reinstate HB, however I have pointed them to
• HMRC v LH (CTC/1276/2018)
• HMRC v AB (CTC/2193/2019)

which suggest that once a claim for UC is made, entitlement to legacy benefits stop.

The DWP have stated that Upper Tribunal decisions are not relevant as they relate to Tax Credits, is anybody aware of any HB cases that have been considered.

[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All those UT decisions are now out of date because Reg 8 of the UC(TP) Regs was amended from July last year.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with regulation 9(8) of the Claims and Payments Regulations, as having been made) is made, whether or not subsequently withdrawn;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.

[david farrar]

Thanks Peter

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