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UC Migration notice - Can it be revoked?
Hi All,
I have a client who they were referred to my service due to rent arrears as their HB had ended, due to a failure to return requested information.
This left the with just WTC/CTC, CB and PIP - along with their earned income. This meant that they had fallen into the group of people being managed migrated to UC, and so when I went out to see them, they showed me their UC migration notice.
Since then I have managed to get their HB revised, and so it is back in payment.
I am wondering whether now they are no longer a Tax Credit only claimant, whether UC wouldn’t be wanting to migrate them over and whether they could potentially recall this UC migration notice?
I totally expect with UC that as they had sent out the migration notice, there is no going back, but thought it was worth asking… If it seems like it could be possible for it to be recalled, would I need to contact UC to flag this?
Thanks for any help!!
I don’t think Bristol is under managed migration is it?
If so I don’t think they have to claim UC? - particularly as you now have Hb back in payment
I don’t think Bristol is under managed migration is it?
If so I don’t think they have to claim UC? - particularly as you now have Hb back in payment
Unfortunately we are…Avon area (Bristol, BANES, etc) in Managed Migration for Tax credits claims only at the moment…As I mentioned she has been sent the Migration Notice.
So looking for info about when someone who got sent the migration notice, when they did fall into the current group being migrated, then stops being part of that group - and whether this means UC will not want them to migrate.
Regulation 44(5) of the UC (TP) Regs 2014:
“(5) The Secretary of State may cancel a migration notice issued to any person—
(a) if it has been issued in error; or
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) in any other circumstances where the Secretary State considers it necessary to do so in the interests of the person, or any class of person, or to safeguard the efficient administration of universal credit.”
I would call the UC Migration Notice helpline - number should be on the Migration Notice itself.
I’ve had a look at the guidance for managed migration staff the DWP released in response to an FOI request -
https://www.whatdotheyknow.com/request/guidance_for_teams_working_on_ma
That seems to confirm that if the claimant’s circumstances change within 3 months of a migration notice being issued so that they fall into one of the deferral or exclusion groups (which include people on HB), then cancellation can be issued. See for example this guidance for the managed migration helpline -
here’s also the rightsnet story on the guidance -
https://www.rightsnet.org.uk/welfare-rights/news/item/dwp-releases-internal-guidance-for-staff-working-on-universal-credit-managed-migration
I’ve had a look at the guidance for managed migration staff the DWP released in response to an FOI request -
https://www.whatdotheyknow.com/request/guidance_for_teams_working_on_maThat seems to confirm that if the claimant’s circumstances change within 3 months of a migration notice being issued so that they fall into one of the deferral or exclusion groups (which include people on HB), then cancellation can be issued. See for example this guidance for the managed migration helpline -
here’s also the rightsnet story on the guidance -
https://www.rightsnet.org.uk/welfare-rights/news/item/dwp-releases-internal-guidance-for-staff-working-on-universal-credit-managed-migration
Great, thanks for the info!!! The migration notice got issue mid April, so we are within that 3 month period.
I will try and call the helpline number with the client and fingers crossed we can get the migration revoked.
I will keep this thread updated
Sooo….
After posting this thread I supported the client to call up to UC migration helpline and let them know that the HB had been reinstated and asked would this mean she no longer would need to migrate over.
This was confirmed by the call handler, and they agreed that they would send out a letter to confirm that the migration notice had been revoked.
I then called up a month later and was told that nothing had been sent out yet, but an “ACT” had been raised for a DM to get this done. The call handler suggested getting an extension on the new “claim by date” - which I did.
It has been a month and the client has still not received anything - so I called up again. This time I was told that because the HB started after the migration notice was sent out, that nothing was possible and that it was just a change of circumstance. I explained about the 3 month thing, I explained that it wasn’t like a new HB claim but infact the HB got reinstated/backdated to prior to the UC migration notice. I asked what had happened the previous 2 calls, and they told me that this was wrong, and they also told me that they couldn’t even let me know what team the “ACT” had been issued to. I was advised there is no one that can cancel/revoke a migration notice.
The call handler had to call me back several times, because they kept having to speak to their team leader. The final time they came back to me saying she had to claim by the “claim by date” and that she had to make sure when claiming to let them know she had been in receipt of HB for ages and that the HB just got reinstated previously and that it wasn’t a new claim.
I said why would the client need to do this, and they suggested it could mess up the Transitional Protection calculation if they didn’t know this information.
This seems a complete mess, and I don’t really know what to do?
How about invoking the part of the Reg which says cancellation is possible - ‘in any other circumstances where the Secretary State considers it necessary to do so in the interests of the person, or any class of person, or to safeguard the efficient administration of universal credit.’
Especially the last bit, i..e you folks over there don’t know what you’re doing, and until you do, why not sit this one out’?
Or, put more diplomatically, ‘In the interests of the claimant and to safeguard the efficient administration of UC, this Notice should be cancelled and only reissued when the interpretation of the relevant Regulation and the administrative processes necessary to implement it have been fully and properly clarified’ - ?
[PS, what is an ‘ACT’?]
How about invoking the part of the Reg which says cancellation is possible - ‘in any other circumstances where the Secretary State considers it necessary to do so in the interests of the person, or any class of person, or to safeguard the efficient administration of universal credit.’
Especially the last bit, i..e you folks over there don’t know what you’re doing, and until you do, why not sit this one out’?
Or, put more diplomatically, ‘In the interests of the claimant and to safeguard the efficient administration of UC, this Notice should be cancelled and only reissued when the interpretation of the relevant Regulation and the administrative processes necessary to implement it have been fully and properly clarified’ - ?
[PS, what is an ‘ACT’?]
I did try and raise on the call that it is possible for it be cancelled, but the call handler wasn’t having any of it. I am unsure what process to do, in terms of getting this information in front of a DM? I guess I could make a complaint on behalf of the client??
I actually don’t really know what an ‘ACT’ is, I have heard call handlers mention it before. I also might have misheard, so it might not be ACT.
PS, what is an ‘ACT’?
Action?
‘I did try and raise on the call that it is possible for it be cancelled, but the call handler wasn’t having any of it. I am unsure what process to do, in terms of getting this information in front of a DM? I guess I could make a complaint on behalf of the client??’
Did we all guess this sort of thing was going to happen???
Yes, I’d go along the lines that this is for the Sec of State to decide (in other words, a DM, not a call handler or their mates in the office) and yes, I think a formal complaint should go in from the claimant, copied to their MP, perhaps with a request that said MP has a nice chat to the SoS to get things clear?
DWP has apparently said it will be issuing guidance on how third parties may contact to discuss MN cancellations etc, but there is no sign yet: perhaps the MP could encourage the SoS to kinda sorta get on with it????
I did try and raise on the call that it is possible for it be cancelled, but the call handler wasn’t having any of it. I am unsure what process to do, in terms of getting this information in front of a DM? I guess I could make a complaint on behalf of the client??
I actually don’t really know what an ‘ACT’ is, I have heard call handlers mention it before. I also might have misheard, so it might not be ACT.
This needs to be sorted out quickly. Have you tried your partnership manager? If that’s a non-starter a compalint would be appropriate, or a pre-action protocol letter.
a pre-action protocol letter.
I’d be straight there. You probably need to make an application for interim relief so probably best to ring Bristol Law Centre ASAP as they’ve got Legal Aid for that kind of thing.
I’ve also raised it as an issue with our UC engagement stakeholder forum and asked for guidance urgently on what the process should be.
But in meantime, I think all the advice above is good :)
Thanks for all input everyone! Very helpful
I just wanted to double check something before I send an email to the Partnership Manager.
This client is on Tax Credits, PIP, HB, and CB.
I am looking at the Case Managers guidance for Managed Migration, and the section that lists the circumstances, where clients can be deferred from Managed Migration.
One of those is HB only claimants.
However, for this case that doesn’t apply as she receives other benefits. So am I even right in that she comes under the ineligible group for Managed Migration?
I had assumed that as this claimant wouldn’t have been Managed Migrated had she been on HB, when I got it revised and back in payment, that this would mean she no longer met the criteria.
Any other thoughts on this? As I don’t want to send an annoying email to the partnership manager, and then to find out I am wrong….
tldr: ring the law centre tomorrow.
You’ve little time to debate this. You need to start taking action now. The worst consequences are someone telling you they’re wrong. If you don’t the chances of your client being mistakenly deprived of most of their income mean the consequences of that might crystallize rather quickly…
Plus; if you want to make a credible hand of JRing this; which is the appropriate route of challenge in this case, it’s already very late in the day. You’d rather start action to protect their income, rather than retrospectively when a necessary claim for UC renders any litigation academic; then it won’t get funded… There’s a chance at an important case here for many thousands of people if your client’s game but it will fast slip through your fingers.