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Gateway problems

ROBBO
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Welfare rights team - Stockport Advice

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Total Posts: 334

Joined: 16 June 2010

Still relatively fresh to Universal Credit, so please be patient.

I have a man, who has claimed UC.  I do not think he can get through the gateway conditions, but so far his claim progresses.  He is reconsidering an old housing benefit decision, and I also expect him to earn more than the maximum wages over the next month.

So can anyone hazard a guess what happens next?  Do UC ‘refuse’ his claim but give him the option to try to argue for backdated JSA (for appropriate weeks) plus HB and CTS?  Or - ho ho - is there a well-established process for treating it as a claim in the alternative or some such?

Or do they accept the claim anyway, grateful that someone would like to claim their new benefit, even if he has sneaked through the barriers set in his way?

Any thoughts, experience or indeed jokes would be most welcome.

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Joined: 12 October 2012

Guidance (Chapter M3 of guidance from 16.6.14)indicates that if the claimant doesn’t fit the gateway conditions and the DM spots this, the claimant is told they are not entitled to UC, makes a claim for old-style JSA, the date of claim is after the date of the UC claim and no later than one month after the date they were told they were not entitled to UC then the claim is treated as made on the day of the UC claim.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/398647/admm3.pdf

Joke:  I say I say I say, how do you know when you’re at IDS’s house?

I don’t know, how do you know when you’re at IDS’s house?

It’s the one with ten different gateways!!

I don’t wish to know that, kindly leave the Select Committee!

[ Edited: 3 Feb 2015 at 09:48 am by Andrew Dutton ]
ROBBO
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Welfare rights team - Stockport Advice

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Total Posts: 334

Joined: 16 June 2010

Many thanks.  Very close to a perfect response.