Claimed UC but shouldn’t have (3+ children). What to do next?

Client was receiving ESA, HB + CTC. Has 3 dependent children.
Client makes a claim for UC but only discloses that they have 2 children.

UC claim accepted & in payment but they should be receiving child elements for all 3 children given their birth dates & previous CTC award.

How does this get resolved?

MR of UC decision; to include 3rd child? I can’t see any reason why this would not be possible even if new claims are not being accepted for families with 3+ children at present… Am I missing something?

Withdraw UC claim & make new claims for JSA, HB + CTC? Is this even possible?

Clt should be able to report a change of circs and add third child to the household to get 3rd child element going forwards. Would likely need an MR to get backdating for 3rd child element (not sure how likely that would be to be successful if Clt really did answer 2 to how many children in household).

Withdrawing UC claim won’t work unless Clt waits 6 mths with no benefits before reclaiming LB. Assuming this is not a feasible option, they will have to stay on UC.

I have a similar case, third child added to claim as change of circumstances (born January 2017) but UC not willing to add third child element claiming its UC policy.  The claimant was in receipt of the CTC during the period the child was absent from the home.

Quoted from Gov.uk

‘‘Making a new claim to Universal Credit
New claimants with 2 children or fewer
You can make a new claim to Universal Credit if you have 2 children or fewer (this includes claimants with no children).
Once you are getting Universal Credit, in general, you will still be entitled to an amount for any child born before 6 April 2017.
For example, if your child is living elsewhere at the time of your claim and then returns to your household, as long as they were born before 6 April 2017 you should be entitled to a child amount.’‘

It seems it should be a straight forward change or circs?!

Thanks Income Max.

Kirsty - was the client receiving a child element in CTC for the 3rd child before claiming UC?

See reg 40 of the Universal Credit (Transitional Provisions) Regs

yes she was.

thank you