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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

LMI when moving from JSA to UC

R2D2
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Welfare rights - Financial Inclusion and Advice Service, Suffolk County Council

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Total Posts: 21

Joined: 22 June 2010

I am trying to help someone on JSA who is at risk of repossession for mortgage arrears.  The arrears have accrued since she ceased to be entitled to support with mortgage interest after the 104 week limit expired.  The area she lives in is now a full service universal credit area and I have been exploring the possibility of a switch from JSA to UC so she can claim support with mortgage interest, albeit now as a loan.

I had hoped that she would not have to once again endure the 9 month waiting period before receiving LMI but having looked at the UC regulations I now fear that she would if she switched or was migrated to UC. 

Can anyone please confirm whether Regulation 29 of The Universal Credit (Transitional Provisions) Regulations 2014 means that a claimant receiving JSA after the SMI element has expired cannot switch to UC without having to re-serve the housing costs waiting period?  Regulation 29(1)(b)(I) suggests that this is the case because the claimant’s current award of JSA doesn’t include an amount in respect of housing costs.

Despite a relatively low current monthly mortgage instalment of just over £200 (well below the equivalent LHA rate!) this person will lose their home if they are unable to get assistance with their mortgage payments in the near future.  Here’s hoping I’ve missed something or my understanding of the regulations is incorrect.  Any other ideas or suggestions would be much appreciated.

Gareth Morgan
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CEO, Ferret, Cardiff

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Joined: 16 June 2010

There is no 2 year limit for LMI in JSA.

R2D2
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Welfare rights - Financial Inclusion and Advice Service, Suffolk County Council

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Total Posts: 21

Joined: 22 June 2010

Thanks Gareth, so the answer is right under my nose -  make an application for the loan version of SMI on the basis that the 39-week waiting period was served more than two years ago? 

I assume the DWP only wrote to claimants about LMI if they were already receiving SMI, which could mean JSA claimants who ceased to be entitled to SMI after 104 weeks are unaware of the LMI option that has been available to them since April.