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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Repatriation

JayKay
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Benefits adviser - Penwith Housing Association, Penzance

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Total Posts: 139

Joined: 14 July 2010

Hi

I have received notification today that a mixed age couple that I have been working with since May are finally going to be repatriated onto ESA.  Their claim is being re-instated from 14 March when the ESA claim was closed because he hit 65.  I’m sure I have read somewhere that there is no legal basis for the offsetting of UC paid against ESA owed - but I cannot find it anywhere.  If that is the case, can someone point me in the right direction - my gut instinct is that the UC is an overpayment and so is recoverable but want to check.
Also the local authority have told me that HB cannot be reinstated without a letter from UC confirming that the claim was allowed in error.  They say that confirmation of continuous ibESA is not enough, and that they cannot contact UC themselves, the claimant has to get the letter.  This seems pretty obstructive especially as the claimant has a telephone claim so cannot obtain a letter via the journal.  Surely if ibESA is in place then the decision to terminate HB can be revised?
TIA

#1

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Total Posts: 615

Joined: 17 June 2010

They are being unnecessarily obstructive and their actions are clearly unlawful see Kerr v Department for Social Development for Northern Ireland (reported as R1-04(SF))  at paragraph 62

62. What emerges from all this is a co-operative process of investigation in which both the claimant and the department play their part. The department is the one which knows what questions it needs to ask and what information it needs to have in order to determine whether the conditions of entitlement have been met. The claimant is the one who generally speaking can and must supply that information. But where the information is available to the department rather than the claimant, then the department must take the necessary steps to enable it to be traced.

The LA can use its own links to the DWP to confirm that income based ESA has been reinstated

I would just appeal the decision to terminate HB and ask for an expedited hearing (making sure that if the LA do not provide their submission within a month you apply for a Direction that the case can go ahead without the LA cite CH/3497/2005 and R(H)1/07 to support your case )

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