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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Advance claims possible when legacy benefit due to end?

JAS1
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Advice Worker, Gaddum Centre

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Total Posts: 367

Joined: 14 February 2017

Hello,

Had a search on here and online but couldn’t find the answer so thought I would ask -

Client is on IS which is due to end 1st May. JC have told her she can’t start UC claim until this point. However I have read/heard about ‘advance claims’ (although annoyingly I can’t find details about it now, can only find info on advance payments). Can she start a UC claim now in advance? Just to avoid any gap in payments. I know she can claim an advance payment if there is a gap but would maybe be easier to just set up claim now a couple of weeks ahead.

Maybe I am way off, but worth a shot!

Thank you

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Regulation 32 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 states:

32.—(1) This regulation applies where–
(a) although a person does not satisfy the conditions of entitlement to universal
credit on the date on which a claim is made, the Secretary of State is of the
opinion that unless there is a change of circumstances that person will satisfy
those conditions for a period beginning on a day not more than one month
after the date on which the claim is made; and
(b) the case falls within a class for which Secretary of State accepts advance
claims or is a case where Secretary of State is otherwise willing to do so.
(2) The Secretary of State is to treat the claim as if made on the first day of that
period.
(3) The Secretary of State may award universal credit accordingly, subject to the
requirement that the person satisfies the conditions for entitlement on the first day of
that period.

I’m not sure where the definition of the persons in (b) can be found though?

MickD
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Welfare Rights Derbyshire County County

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Looks possible but not a given:


UC (C&P) regs 2013

Advance claim for and award of universal credit
32.—(1) This regulation applies where—

(a)although a person does not satisfy the conditions of entitlement to universal credit on the date on which a claim is made, the Secretary of State is of the opinion that unless there is a change of circumstances that person will satisfy those conditions for a period beginning on a day not more than one month after the date on which the claim is made; and
(b)the case falls within a class for which Secretary of State accepts advance claims or is a case where Secretary of State is otherwise willing to do so.
(2) The Secretary of State is to treat the claim as if made on the first day of that period.

(3) The Secretary of State may award universal credit accordingly, subject to the requirement that the person satisfies the conditions for entitlement on the first day of that period.

CPAG Handbook comments that ‘the DWP intends to accept advance claims only in very limited circumstances - e.g. from prisoners who are to be released within a month.  Otherwise the intention is that a partially completed online claim can be left open for a time until it can be submitted at the appropriate time.’ 

 

MickD
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Welfare Rights Derbyshire County County

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Advice for Decision Makers seems to be overstepping the mark?

A2048 Advance claims to UC may be made if a claimant does not satisfy the conditions of
entitlement on the date on which a claim is made but will satisfy them for a future
period. The DM must be of the opinion that unless there is a change of
circumstances the claimant will satisfy the conditions of entitlement on this future
date. The future period must begin on a day not more than a month after the date on
which the claim is made. The DM treats the claim as made for a period beginning
with the date from which entitlement will begin1
. Advance claims can only be made if
the person falls within a class of case for which the Secretary of State is willing to
accept them. This class of case is restricted to certain prisoners and care leavers
where the claim is made one month before the claimant’s 18th birthday.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 32

JAS1
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Advice Worker, Gaddum Centre

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Joined: 14 February 2017

Thanks for the info Billy and Mick. Sounds unlikely she will be considered to be eligible to do an advance claim as it’s not really exceptional circumstances