UC de-coupling - change of circs? (!)

I have a tenant who has been on UC as a partner. She has three small kiddies.

They’ve now de-coupled and he’s moved out.  We’re in this stupid position where UC agree to ring her to data gather - they’ve advised me that she remains on UC (which sounds right to me), and tell me that they will sync her Monthly Assessment Periods to the previous claim, she doesn’t need to serve waiting days etc.

Then they ring her and tell her she needs to claim IS as a lone parent as there is no live UC claim and she doesn’t meet the gateway conditions for a new UC claim. Notwithstanding the fact that they’ve only closed the claim on the system to allow for the data-gathering process - this sounds like an IT process issue to me, it’s a straightforward change of circs surely?

No surprise that the DWP does not know what they’re doing.  I guess the question here is whether de-coupling is a CoC that ends a UC claim, like it would with tax credits.  It clearly isn’t or people would be coming off UC all over the place.    Would someone please link me to the regs on this?  They’re properly mucking this poor lass about.

Thanks

Not sure why they referred to ‘waiting days’ and also not sure why she no longer meets the gateway conditions as she did when she was part of a couple and children were part of the claim. Had he moved in with her as a UC claimant?

Yes.  He was with her at the start of the tenancy. I don’t think that he was living with her in her previous tenancy, but as he was available for work they made a UC claim, or she and the kids were added to his.  The roll out to couples with kids had happened at the time they claimed, so I don’t know if she was added to his claim when they moved in, or whether they made a new claim together - I suspect the former.

So, as it’s not a new claim there should be no issue of waiting days.  The only issue about her “not meeting the gateway conditions” would be if she were to be submitting a new claim for UC (she also has a med 3 for good measure).

It’s trying to convince UC (or one half of it) that her claiming without him is a CoC, not a change that ends her UC claim.  Is this technically correct?  Do you have the links to UC regs that cover this matter so I can send them off to look at them?

I may have been lazy in posting on here - partially it’s because my CPAG is in the other office!  I wonder how many other people have had this issue so far with the DWP?  Any egregious examples?

Hi Karina

Was she the one who first notified DWP of the relationship ending?

My understanding is that it is the first to notify who has to make the fresh claim, and the other stays on UC with same MAP but changed to single.

If she fails the gateway criteria for some reason she will have to claim legacy benefits.
Maybe it’s not the fact of having children but some other circumstance of which we aren’t aware that means she fails.

Guidance may help (if you can interpret it better than they do…)
Chapter M3 para M3024-5 seems to apply. References to the Regs are there too.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/450507/admm3.pdf

There have been ragbag amendments to this but I don’t think they change the basics.

But then here’s a confusing bit – M3043 –

An award of UC without a claim as in(…..) M3025 (former single claimants not required to claim)  cannot be made if the claimant or their partner is entitled to 1. SPC or 2. old style JSA or 3. old style ESA or 4.  IS .
In order to become entitled to UC, the claimant or partner would need to relinquish entitlement to SPC or the existing benefit. See ADM Chapter A4 (Supersession) for guidance on relinquishing an award of benefit. 1 WR Act 12 (Commencement No. 9 etc.) Order, art 3(9)

Soooo – if this is the person who did not report the change of circs or reported it AFTER the other person did, s/he is not required to make a claim for UC but if s/he does it will be barred if s/he is entitled to (for instance) IS – but s/he could ‘relinquish’ that claim and go on to UC - ?????????

I could be misreading this myself; does it help at all?

Remember this is a SIMPLER benefit.  [hysterical laughter….]

Thanks everyone

Well that’s a clear as mud!  My client was the one who rang to report the de-coupling.  She was included on her partner’s UC claim and this was ended from her perspective at de-coupling.

I’ve been back on to the UC service centre about this.  The operator couldn’t reference the UC regulation, but did advise me that it would be a new claim for UC. Fortunately for my client she now has a sick note so no longer meets the gateway conditions.  Apparently when someone on UC calls to advise they have LCW, they are advised of their option to withdraw their UC claim and revert to legacy benefits.

This is news to me! I thought to point of UC was that once you were on it, you were stuck.  But no, this appears not to be the case if you can put in a med 3.  As she also has a late revision of a PIP refusal for her, and a child DLA claim which we’re in the process of submitting, it’s likely she won’t meet the gateway conditions for a considerable while.  Obviously the ESA claim is having to go in clerically as the DWP systems can’t handle it. It will also be news to the Job Centres in this area, I would suspect.