New Guidance to Work Coaches

Hi

Have had a meeting with JCP this morning.  This week they have received new guidance from their Policy department stating that as soon as income takes someone out of UC entitlement they must close the claim.  This includes people on zero hour contracts, where someone receives five weekly in assessment period or, as at Christmas, two monthly payments in assessment period that may take them out of entitlement.

Apparently as soon as hours/earnings change they need to make a rapid re-claim. 

I have not seen anything externally about this.  Has anyone else heard anything?

First thing that I thought of was this.

DWP updates guidance to staff so as to avoid anomalies in assessment of earned income under universal credit

ElaineS - 24 January 2019 01:08 PM

Hi

Have had a meeting with JCP this morning.  This week they have received new guidance from their Policy department stating that as soon as income takes someone out of UC entitlement they must close the claim.  This includes people on zero hour contracts, where someone receives five weekly in assessment period or, as at Christmas, two monthly payments in assessment period that may take them out of entitlement.

Apparently as soon as hours/earnings change they need to make a rapid re-claim. 

I have not seen anything externally about this.  Has anyone else heard anything?

My understanding was that that was always the case - if you go overscale the claim is closed. Under the old live service if your earnings decreased within six months so that you would be entitled again the claim restarted automatically, but under full service you have to do a rapid reclaim - I believe that if you go into the journal there will be a button you can press that submits the rapid reclaim (but I haven’t seen this in practice - just what I’ve been told)

ElaineS - 24 January 2019 01:08 PM

as at Christmas, two monthly payments in assessment period that may take them out of entitlement.

that’s their answer to the recent court case round this issue?

My understanding is the same as Daphne’s. The surplus earning regs support that.

Gareth Morgan - 24 January 2019 04:47 PM

My understanding is the same as Daphne’s. The surplus earning regs support that.

If the claim is closed, is it possible to access the journal to press the “rapid reclaim” button?

This is also an issue for people who don’t qualify for payment initially but will if they are found to have LCWRA. Getting through the WCA assessment period without having the claim closed can be a problem. There should be an exception for a claimant who is having WCA done.
The DWP approach just seems to making things more difficult for claimants in full service areas. In live service areas I understand claims were kept open for 6 months and payment automatically reinstated if claimant’s income dropped - this suggests it isn’t a technology issue.

I thought when waiting for LCWRA then if their income is higher than initial entitlement (but would be entitled if LCWRA was paid), client should get minimum of a penny entitlement? Think I remember this from a forum post by someone a while back. Looking at UC Regs 2013 No376 Reg 28(7), UC Regs 2013 Reg 17, Welfare Reform Act 2012 Sec 5(1)(b) and 5(2)(b)

Thanks csmk. Having looked at the references you providedI can see that it does appear to be the case that a minimum award should be made while the WCA is being carried out. It’s not what we have been advised by DWP and I’m not sure it’s happening in practice!

Paul_Treloar_AgeUK - 24 January 2019 01:47 PM

First thing that I thought of was this.

DWP updates guidance to staff so as to avoid anomalies in assessment of earned income under universal credit

Hi can anyone point me to the actual guidance issued? I have checked ADM circulars but cant see anything for this, and the actual chapter (H3) does not appear to have been updated (but it might be me looking in the wrong place?)

thank you

There is also a problem if asking for a mandatory reconsideration if claim is closed down too soon.

dizzymare - 18 February 2019 12:11 PM

Paul_Treloar_AgeUK - 24 January 2019 01:47 PM

First thing that I thought of was this.

DWP updates guidance to staff so as to avoid anomalies in assessment of earned income under universal credit

Hi can anyone point me to the actual guidance issued? I have checked ADM circulars but cant see anything for this, and the actual chapter (H3) does not appear to have been updated (but it might be me looking in the wrong place?)

thank you

I think it turned out to be this - https://www.gov.uk/government/publications/universal-credit-different-earning-patterns-and-your-payments/universal-credit-different-earning-patterns-and-your-payments-payment-cycles - which was updated on 12 December but actually doesn’t say anything helpful or new

Thank you Daphne - still waiting for guidance on this matter then (which will probably take many months as usual!).

Hmmm… most of my clients who are in paid employment still have active claims with NIL income. Three of them earn well above their UC threshold (single claimant, earning ~£1000-£1200). One is in his 3rd month. (They still didn’t pay their rent - but that’s a different issue)

They are all on ‘light touch’ where they contact their work coach every so often to report they’re still gainfully employed.