Failed HRT - reinstatement of legacy benefits

Clarification needed please. We were told by a UC rep from Canterbury that the process of stopping legacy benefits after a UC claim has been made starts at the time of ID verification. The HRT interview takes place AFTER this, which means that many of our clients are failing the HRT and finding that their HB, CTC , ESA etc benefits have stopped. and their UC claim has been ended.  Challenging the HRT decision can take weeks. In the meantime we are trying to use regulation 8 UC (Transitional Provisions) Regulations 2014 to argue for the reinstatement of HB. Has anyone succeeded with this argument and can it also be used for other legacy benefits?

Hi, I had a similar case a few months ago.  Clt was on ESA etc but failed WC reassessment and found fit for work.  Claimed UC in the interim but was found not entitled as failed HRT.  Due to her situation there were no grounds for appeal against the HRT decision.  MR refused so we lodged an appeal.  Whilst the appeal was pending, I tried to get her back onto ESA assessment rate.  I used the argument that as she had been found not entitled to UC and so no award made she shouldn’t now be precluded from being able to claim ESA assessment rate.

Due to various delays in making a decision, I submitted a formal complaint. The case was looked into by the head of UC, the DWP policy team and their legal team and eventually it was agreed that they could reopen her ESA claim as she had never received a payment of UC.  As an aside, they had actually made one payment but it had been in error as she was not entitled.

Forgot to add, that we also got all of her backdated HB paid.