Abolition of LB?

Claimant submitted UC claim online. ID interview booked, but unknown whether claimant attended. Nothing in his online journal to indicate either way. No evidence in his journal that claimant accepted any commitments other than reporting change in circs. Claimant did not respond to requests in journal to provide additional evidence so UC claim terminated. Termination backdated to date of claim. Claimant never received any UC payments.

Claimant was on HB before UC claim. Council ended HB claim from first Monday after UC claim (which is now after date UC claim was terminated). Is it possible to get HB claim restarted or has HB been abolished for this claimant?

I’ve read through the relevant provisions in UC (TP) Regs (Reg 8) and Welfare Reform Act 2012 (s.4), but I’m just getting confused. Any help would be greatly appreciated.

Haven’t got regs to hand but a look at the Welfare Rights Bulletin from Feb 18 should help

http://www.cpag.org.uk/content/universal-credit-defective-claims-and-withdrawals

Arguably there is no date on which the client is entitled to UC so HB should not end the day before a date that cannot be determined….

Thanks Will. The article explains a lot. It looks like the claimant did make a valid UC claim so HB was effectively terminated. Not the answer I was hoping for, but at least I have a better idea where we stand now.

If an effective claim was made, I don’t think they can terminate the claim just because he did not provide supporting evidence - they are supposed to provide a month or more for this to be done - Reg 37 Claims and Payments Regs.

They can make a decision that UC is not payable because the evidence was not supplied, but this is appealable.

See Martin Williams’ article in WRB 260. http://www.cpag.org.uk/content/closing-universal-credit-claims