New style ESA/UC

PhilB - 23 February 2018 01:59 PM

Hi guys

We are having a difference of opinion today over whether a client who qualifies and claims ESA/JSA new style still has to claim UC aswell knowing they wont qualify. Assuming there is no rent liability or kids etc.

Half of us are saying even though they wont qualify based on income they still must do because of conditionality. Seems barmy claiming a benefit you know the client wont qualify for.

Any ideas?

Thanks guys

See attached.

With regards this particular subject, please can someone confirm and/or explain the following….

i) An EU citizen who has lived in the UK for 3 months and who resides in a non Universal Credit area can claim income based JSA for 3 months with a possible additional 1 month added on etc.

ii) However am I correct in thinking that the same EU national who happened to reside in a UC area cannot claim UC as a job seeker even after the 3 months.

iii) Can any EU national be able to claim UC whilst looking for work.

Any help would be appreciated.

There’s quite a lot of discussion in this thread - https://www.rightsnet.org.uk/forums/viewthread/11965/ - it’s a bit of an issue!

Sorry to jump in but I have a relevant query of which answers may contribute to this thread.

Am I on the right track here -

Client on SSP ending 18th March
Finished work last September due to sickness
has mortgage of £400 approx per month
No children (as far as I am aware)
Full service area

She needs to claim New Style ESA and UC at the same time (for the SMI/Housing Costs). She will then need one WCA for both benefits?

Or… she could just claim UC but it seems like it would be more beneficial for her to secure her contribution based benefit if possible right?

That right or am I miles off track?

Cheers

J.Mckendrick - 27 February 2018 10:23 PM

With regards this particular subject, please can someone confirm and/or explain the following….

i) An EU citizen who has lived in the UK for 3 months and who resides in a non Universal Credit area can claim income based JSA for 3 months with a possible additional 1 month added on etc.

ii) However am I correct in thinking that the same EU national who happened to reside in a UC area cannot claim UC as a job seeker even after the 3 months.

iii) Can any EU national be able to claim UC whilst looking for work.

Any help would be appreciated.

Jobseekers and their families have a right to reside for 91 days initially or indefinitely so long as they have genuine prospects of work.

However if your only right to reside is on that basis, you are unable to rely on it to claim benefits other than ibJSA, ChB and CTC. (You’re also unable to benefit from homelessness and social housing provision).

This means that if you live in a UC full service area and your only right to reside is as a jobseeker, you will be unable to claim any benefit with the right to reside test except ChB - because ibJSA and CTC no longer exist for you. You will still be able to claim benefits which don’t use the right to reside test - such as PIP .

However, this applies where your only right to reside is as a jobseeker. If you have another right to reside, you will be able to claim UC.

For instance, if your client’s job ends and they claim UC whilst they look for work, they will have a right to reside as a “retained worker” which isn’t excluded by UC. Or if your client is 20 and has never worked, but their dad is a worker, they will have a right to reside as a family member of a worker, which isn’t excluded.

So you really need to do a bit of digging to confidently advise a given claimant.