Can you get off UC and back onto Legacy benefits?

Customer with 4 young children youngest one born March 17 went onto UC as a partner of an existing UC single customer.
Following relationship breakdown she has had to stay on UC but is significantly financially worse off.
She has a disabled daughter and can only get UC for 2 children rather than 4 on Income Support and Tax Credits.
We are still in live service.
Can I get her off Universal Credit and back onto Income Support and Tax Credits?

Yes.

In live service, the only thing stopping anyone from making a new claim for IS and Tax Credits is Reg 6 of the UC Transitional Provisions Regs 2014, which says a “UC claimant” may not claim legacy benefits.  A UC claimant is defined as someone who:

- is currently entitled to UC (which your client is right now)
- has a UC claim pending
- has a UC appeal or MR pending
- was on UC as part of a couple within the last month
- earned too much to qualify for UC within the last six months

As soon as she ditches her UC award, she drops out of that definition and is free to claim legacy benefits before full service arrives.  As I am sure you know, timing is crucial: get the last UC payment safely banked before telling DWP you no longer wish to claim.

Hi Sue - she can change as HB Anorak says but if all the children were born before 6 April 2017 she should generally get money for all four of them even under universal credit so she may not need to change - see Ask CPAG pages to check the detailed requirements.

The rules change from November 2018 but if she is on UC already getting the money for them she should be transitionally protected.

Thanks for this it’s a great help