Gateway conditions - choosing between UC and SPC/JSA/ESA/IS

There’s no brief way of saying this – so below is the whole page from ADM.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/380255/admm3.pdf

When couples on UC separate and then one goes on to form a new couple with someone else, this guidance seems to say that in some cases, they can’t be entitled to UC (a la lobster pot) unless the new partner gives up an existing benefit claim.

So there is a better-off calculation to be done.

Has this changed or is it still so?

Exception - entitlement to other benefits

M3041 A claim for UC by joint claimants as in M3022 [formation of couple – treated as making a claim] cannot be treated as made where the member of the couple who was not entitled to UC as a single claimant is entitled to SPC. In order to become entitled to UC that member of the couple would need to relinquish entitlement to SPC. See ADM Chapter A4 (Supersession) for guidance on relinquishing an award of benefit. 1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(8); 2 WR Act 12 (Commencement No. 9 etc.) Order, art 3(7)

M3042 A claim for UC as in M3024 by a former joint claimant, who is not exempt from the requirement to claim, cannot be made where the claimant is entitled to SPC or their partner, if they have one, is entitled to
1. SPC or
2. old style JSA or
3. old style ESA or
4. IS.

In order to become entitled to UC, the claimant or partner would need to relinquish entitlement to SPC or the existing benefit. See ADM Chapter A4 (Supersession) for guidance on relinquishing an award of benefit.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(6); 2 WR Act 12 (Commencement No. 9 etc.) Order, art 3(8)

Example
Terry and Adrienne are entitled to UC as joint claimants. Terry notifies DWP that he and Adrienne have separated, and he has moved in with Cheryl, who is entitled to SPC. Terry is required to claim again if he wishes to be entitled to UC. Terry and Cheryl must choose whether to claim UC, in which case Cheryl would need to give up her entitlement to SPC, or to stay on SPC, which would be superseded to award the couple rate.

M3043 An award of UC without a claim as in M3023 (former joint claimant not required to claim), M3025 (former single claimants not required to claim as joint claimants), M3026 (member of a couple dies) or M3027 (earned income) cannot be made if the claimant or their partner is entitled to
1. SPC or
2. old style JSA or
3. old style ESA or
4. IS
In order to become entitled to UC, the claimant or partner would need to relinquish entitlement to SPC or the existing benefit. See ADM Chapter A4 (Supersession) for guidance on relinquishing an award of benefit.
1 WR Act 12 (Commencement No. 9 etc.) Order, art 3(9)