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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

UC, HB and Sure Start Mat Grant

AdviceShop
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Advice shop - West Lothian Council

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Hi all,

Posted this already in the tax credit board but attracted no replies, maybe the UC board will generate a better interest?

Scenario: Client is living in a temporary tenancy and is pregnant. Come birth of child, she claims UC but due to earnings/income she fails to qualify (standard allowance + child responsibility element only). As she is in a TT, she is receiving Housing Benefit. Client would fail to qualify for a Maternity Grant. Under legacy, she would have qualified for CTC and would have qualified for SSMG. Had client been living in a secure tenancy, her UC claim would be calculated with housing costs element and she would qualify.

Client is missing out on a £500 payment due to being in temporary tenancy, essentially penalising her for being ‘homeless’.

Any thoughts?

Thanks,

Daphne
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Sorry you didn’t get a reply to your earlier post. That is terrible - but unfortunately, it would seem to be correct. Is there any chance of her getting out of the temporary tenancy before the 3 month deadline?

Something to raise via the MP maybe - I suspect it’s an oversight rather than deliberate - although you never know…

Martin Williams
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Welfare rights advisor - CPAG, London

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AdviceShop - 16 August 2018 11:15 AM

Hi all,

Posted this already in the tax credit board but attracted no replies, maybe the UC board will generate a better interest?

Scenario: Client is living in a temporary tenancy and is pregnant. Come birth of child, she claims UC but due to earnings/income she fails to qualify (standard allowance + child responsibility element only). As she is in a TT, she is receiving Housing Benefit. Client would fail to qualify for a Maternity Grant. Under legacy, she would have qualified for CTC and would have qualified for SSMG. Had client been living in a secure tenancy, her UC claim would be calculated with housing costs element and she would qualify.

Client is missing out on a £500 payment due to being in temporary tenancy, essentially penalising her for being ‘homeless’.

Any thoughts?

Thanks,

Hiya,

I would suggest that she (1) seeks MR and appeals against the decision and (2) sends a pre action letter for JR (or whatever the procedure for JR is in Scotland- sorry can’t advise on specifics of the Scottish law).

The grounds of appeal and ground seeking permission for JR would be discrimination on grounds of housing status. Her housing status means she is not entitled whereas someone in another sort of housing (rented) would get UC. I doubt this can be justified as it is plainly just an oversight they never thought of. The discrimination can be argued to be unlawful contrary to article 14 and article 8 ECHR.

The reason I would suggest JR as well as appeal is that arguably the FtT would not be able to provide a remedy (as really you would need to read words in to the regs to do this) whereas the Court of Session could at least order damanges for breach of HR equivalent to the SSMG.


Martin

Debbie Witton
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Client was on UC and had a nil entitlement due to wages and living in temporary accommodation paid by HB. She applied for the sure start maternity grant in December 2017 before her baby was born and was refused due to not being entitled to UC.  To date she has not requested an MR and did not claim again within the time limit after the baby was born.  Am about to do a late MR and pre-action JR on grounds you outline Martin.  Any further advice?

Not related to this thread specifically but she is now £38.68 per week worse off on UC than she would have been on CTC due to Maternity allowance reducing UC £1 for £1.00. She tried to claim CTC (live UC area) whilst UC not being paid but was refused as had an open UC claim. She has not been nil entitled for six months consecutive months.  Is there any scope at all for an equality challenge on the comparative treatment of maternity allowance?

Daphne
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You could try contacting Leigh Day solicitors - https://www.leighday.co.uk/ - they have a Manchester office - it was them that took the TP case for the sdp and I know they’re keen to do other challenges. Or of course CPAG.