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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

UC after 1 month temporary absence exceeded

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Joined: 18 October 2013

I’m trying to find if a client has to start from scratch after exceeding 1 month’s absence abroad or if they can continue with their claim (which included LCWRA) and have the relevant assessment period/s reduced to nil.

Client was warned about the time limit, has no excuses and, on the face of it, it looks like they have to start from scratch. Now, I would never quote the Liverpool Echo normally for sound benefits advice, however they seem to have a DWP official on board. I quote

‘The DWP official explained: “There are no limits to the number of periods away of up to one month that are allowed in each year. But when any period of time abroad exceeds a month, we are notified and have to decide if the extended absence can be approved.”

If a prolonged absence does not fall under the specific circumstances when the one-month period can be extended, then the Universal Credit assessment period is reduced to nil. That means no Universal Credit will be paid on the next due date.

Your Universal Credit won’t be terminated altogether so you won’t have to start a claim all over again and wait another five weeks, but you won’t get any benefit payment covering the period you’ve been away.’

Does anyone have any legislative basis for the above assertion that they won’t have to start the claim again?

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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I think this is wrong.

I can’t comment on the administrative practice of keeping a claimant’s UC account live for a period after they lose entitlement (thereby allowing a quick reclaim to be made), and whether this is done in cases of an absence from GB for longer than a month.

However, the legal basis enabling someone to not have to wait 5 weeks for payment is Reg 21(3C) of the UC Regs (which provides for a reclaim within 6 months to use the old AP dates), along with with Reg 26(5) of the UC(C&P) Regs (which provides for such a reclaim to not have to be made at the start of the AP).

And, Reg 21(3C) specifically requires that there has been no non-temporary absence from GB since the previous entitlement ended.

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Total Posts: 445

Joined: 18 October 2013

Thank you, Charles