Grace Period for Benefit Cap

It is an interesting one, and not something I am sure was intended by the people drafting the Regs, but it does seem correct.

This is because she does not fall within either of Reg 82(2)(a)-(b), as it was a previous period of entitlement, and she was never in paid work.

I think that, in practice, DWP are likely to apply a grace period.  See guidance attached (from 2021)

Owen_Stevens - 21 March 2024 01:59 PM

I think that, in practice, DWP are likely to apply a grace period.  See guidance attached (from 2021)

(at MR stage)

Very interesting, thanks Owen.

Rethinking it:
in a case where the partner had sufficient monthly earnings up until the point they separated, and a single UC claim started immediately after their separation, then I think Reg 82(2)(a) would apply.
Only where the partner’s earnings reduced below the threshold some time before they separated would there be an issue, as neither Reg 82(2)(a) nor Reg 82(2)(b) apply. Although hopefully they will allow it in practice.

Quick update- we requested a MR and reply was along the lines of their is no MR as Benefit Cap is set by the government- which is obviously incorrect- of course we can not ask for a MR about the existence of the Benefit Cap but we can certainly ask for as MR around it’s incorrect implementation. Following advice from CPAG we have again asked for a MR quoting the correct legislation and also sent a formal complaint.
Next stage would be tribunal- but this would take so long and ideally we can avoid.