Universal Credit; different decisions on different elements?

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  • #44862
    peterdelamothe
    Keymaster

    Reading a decision today on a joint HB / IS case, I wondered about the role of a decision maker under UC.

     

    The case involved a sale and rent back and deprivation of capital. No argument about the HB appeal ….the claimant was a former owner under no pressure to move. She wanted some cash. The LA and Sec of State made differing decisions on deprivation but to no great effect.

     

    So…will a UC Officer have to consider each of the elements seperately in a similar case? No you are not entitled to housing costs because you are a former owner, yes you are entitled to living costs, no you are not entiled to disability and so on…and then add all the bits up, issue a huge decision letter? 

     

    Then she turns up to the local authority, shows them she is getting UC but points out how little she gets .."so can I apply for a DHP / CTRS exemption payment please"

     

     

     

      

    #126674
    Anonymous
    Guest

    UC includes most of HB Reg 9, but those rules only affect the housing element. If you have a dodgy tenancy, you do not forfeit your entire UC award, you still get the living cost elements. So yes, in a case like that there are four possible UC outcomes:

    – you are entitled to UC including a private renter’s housing element
    – you are entitled to UC without any housing element because of the former owner rule
    – you are not entitled to any UC because you deprived yourself of capital from the sale of your home and you still have notional capital in excess of £16,000. This notional capital is diminishing at a rate which assumes you would have got UC including both housing and living cost elements if we had not included notional capital
    – you are not entitled to any UC because you deprived yourself of capital from the sale of your home and you still have notional capital in excess of £16,000. This notional capital is diminishing at a rate which assumes you would have got UC excluding the housing element if we had not included notional capital, because of the former owner rule. When this notional capital eventually comes down below £16,000, you still won’t get any housing element.

    At least it is only one decision letter about one benefit, and it is no longer poissible to have conflicting decisions about deprivation from different decision makers dealing with your living costs and housing costs (although if the local CTR scheme has a deprivation rule, it will still be possible for a decision about that to conflict with the UC decision).

    #126736
    Derrick
    Participant

    I don’t think the DWP decsion maker will even look into any deprivation.

    It will all be processed using details input by claimant, low risk scored and paid in full.

    :beer:

    #126828
    Anonymous
    Inactive

    Derrick is spot on.

    #126837
    Anonymous
    Guest

    That’s how you eliminate fraud and error from the systrem – don’t bother finding any

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