Managed migration failed claim

Client currently on TCs, claimed UC within 3 month deadline but then failed to attend JCP appointment to verify claim and claim closed. TCs did not stop. Client did not attend appointment because of husband’s anxiety and did contact JCP about this but they refused to let her attend alone and reschedule his.

The first deadline was 12th March and it is not clear to me whether the ‘final deadline’ applies in this case.  Client very concerned she will have to pay back any TCs paid after 12th March.  If final deadline applies then will it be 11th April?

Assume any o/p of TCs (which still don’t appear to have stopped) will be immediately recovered from UC once a new claim is made.  As I see it there will be a considerable gap as we are now almost a month on.  Also assume they will no longer be eligible for TP

Hi Maggie

That is a difficult case.

If the deadline day notified was 12th March and was not extended or notice cancelled before it passed, then the final deadline is 11th April and legally tax credits should have terminated on 11th March under UC(TP) Reg 46, so there would be an overpayment from 12th March. The overpayment is legally recoverable, but she can request HMRC uses discretion not to recover and dispute recovery on form TC846 as it was caused by official error. If there is an ongoing dispute, it should not be transferred to DWP to recover.

She can pursue a mandatory reconsideration and appeal against the decision to “close” her UC claim - this is a decision that she is not entitled to UC. If this were successful, transitional protection would apply to the original claim.

Mark

Please keep us posted on this case; I’m a bit confused.

Was a UC claim actually properly made? If so, as I understand it, TCs should have ended and UC can’t just ‘close’ the claim; as the post above says there should be an appealable decision on entitlement.

Did UC come up with an actual decision on this ? What is the legal basis given for ‘closing’ the claim? 

If there wasn’t a UC claim in place, I can’t see why they were told to attend the Jobcentre -  ?????

Was the claimant not allowed a month to provide supporting evidence, and shouldn’t that time have been extended as they told JC they were having problems?  is there a potential complaint about JC conduct here?

I’m concerned that DWP guidance for case managers does tell the they can ‘close’ claims where supporting evidence is not produced within a month - but that’s not what the law says!

(Martin Williams of CPAG, I’m hoping to hear from you here!)