UC , Gateway Conditions and .. the lobster pot

Posted on behalf of a very exasperated CAB Adviser!

We are finding many cases where clients are currently claiming UC and have then become ill.  We and Citizens Advice Specialist Support think that as our area is under the Gateway conditions these clients shouold be able to end their claim for UC and make a claim for income-related ESA.

The DWP UC lead for our area (and JC+) have stated that no matter what, these claimants must remain on UC and that it is not possible to make a claim for a legacy benefit - even though they no longer meet the gateway conditions for UC.

Anyone got similar issues and any ideas for getting JC+ to change their minds?

As discussed on several other threads and in CPAG Welfare Rights Bulletin here http://www.cpag.org.uk/content/universal-credit-full-steam-ahead, claimants are legally entitled to end their UC claim and make a legacy benefit claim.

It is unsurprising that DWP leads are sticking to the policy intention of the lobster pot.  The only thing for it is for each individual claimant to decide whether they want to give it a try.  Timing is crucial - ie only sensible to end a UC award after the end of an assessment period rather than part way through, and also there may be a delay in DWP/LA processing or being persuaded to process legacy benefit claims.