Adding partner onto existing ESA claim in full service UC area

We have a client who is in receipt of irESA. The partner moved into the property with her few weeks ago and he was also in receipt of ESA. However the partners ESA has been stopped having missed an appointment.

According to the client , he has appealed against the decision and mandatory reconsideration is in progress.

The question is: since they live in a Full UC service post code, do they need to apply for UC or they can remain on ESA as joint claimants?

The rule say ‘If it means a new claim to a legacy benefit’ you have to claim UC in full service area. So presumably they can have an ESA joint claim?

Thanks

As far as I can see from the full service commencement orders so far, the triggers for UC migration remain the same as in the gateway areas:

- a claim for UC, JSA or ESA will commence UC and simultaneously abolish income-based ESA and JSA

The commencement orders also remove the gateway conditions, making almost everyone of working age eligible in principle to claim UC; and they also provide that new claims for HB, IS and Tax Credits may not be made except in very restricted circumstances by anyone who is eligible in principle to claim UC.

The combined effect of all this is that anyone who finds themselves in a position where they would in the past have needed to make a new claim for HB, Tax Credits, IS, JSA(ib) or ESA(ir) will have to make a new claim for UC instead, or go without.  The way I read it, it is possible for someone who has an existing award of HB and/or Tax Credits to claim ESA(c) or JSA(c) without disturbing their existing award ... as long as they don’t claim UC.

The formation of a couple as I understand it requires a new claim in the case of Tax Credits and often (but not always) in the case of JSA(ib); but in HB, IS and ESA(ir) it is a change of circumstance as there is one claimant who owns the claim and the other person is their partner.  In your case therefore I think the claimant remains on ESA(ir) (and HB if applicable) but now with a partner - no new claim has been made and therefore no UC commencement for them yet.

Just picking up on the TC/UC interaction in FS as I’m a bit lost.

-Two clients, both on legacy benefits (say, one on IS and CTC and the other on JSA), form a couple in a Full Service area.

-Two clients, both on legacy benefits (say, one on WTC and CTC and HB and the other not on any benefits, just working) form a couple in a Full Service area. .

I’m thinking in both cases they will have to make a new claim for UC as it would be a new TC couple claim.

I am thinking Reg 7(1) of SI 2015/634 applies so they cannot make new TC couple claims, but does reg 7 (5) mean that they are making a new couple claim on the day that they have entitlement to TC as a single person, and therefore can make a new TC claim?
Frustratingly the ADM examples in Chapters M4 and M5 all refer to couples where one is on UC already.

Also, it says here:
https://www.gov.uk/government/publications/universal-credit-and-couples-an-introduction/universal-credit-further-information-for-couples
‘5. If one of you is currently on benefits
You will not be able to receive Universal Credit if one of you receives Jobseeker’s Allowance (JSA), Employment and Support Allowance (ESA), Incapacity Benefit (IB), Severe Disablement Allowance (SDA), Disability Living Allowance (DLA) or Personal Independence Payment (PIP).’

yours, mind boggled.

Hi Mind Boggled of Bristol

Reg 7(5) means someone who is entitled to child tax credit can make a new claim for working tax credit, and vice versa, in a full service area. So someone on CTC who moves into work can claim WTC. And someone in work on WTC who has first child can claim CTC. This is related to them technically being separate tax credits requiring separate claims, even though in practice it is treated as a change in circumstances. See also CPAG handbook p1450.

The problem with both cases, as you identified, is that entitlement to tax credits ends when no longer able to claim as a single person, so a new couple claim is required, and this is not possible in a full service area (unless 3 or more children, or over PC age).

I think the other online guidance you have found mostly relates to the gateway conditions.

Mark

Thanks Mark, yes I thought 7(5) was only for claimant adding CTC onto an existing WTC claim or vice versa. But I’m still unclear as to why the couple page on gov.uk would say that you can’t claim UC if your partner receives JSA IB ESA etc. (unless as you say, outdated reference to Gateway conditions).

And where the Regs appear that determine the situations I gave in the examples ... Trying to check info before we go full service so accuracy is the aim! :)