Forum Home → Discussion → Housing costs → Thread
Universal Credit trigger when taking up a new tenancy for the first time
Hello,
First post in this forum!!!!
I have a client who has recently signed up for one of our properties. She was living with her parents previously and this is her first tenancy. She is currently in receipt of income support and child tax credits and the new property will be specified accommodation so this will allow her to make a claim for housing benefit from her council to cover the costs of the specified accommodation.
According to the universal credit triggers taking up a new tenancy for the first time should trigger a move onto universal credit for my clients personal costs. After speaking directly with our contact at the DWP they have advised us they will decide if our client moves over to universal credit for personal costs or stays on income support and child tax credits?
Am I missing something as the triggers online state that she should move over to universal credit for personal costs.
Many thanks
Welcome to the forum.
A few of us have been making the point that there is no such thing as a “UC trigger” and that it is thoroughly unhelpful to think about things in these terms - and your post has neatly emphasised why that is the case.
New claims for legacy benefits cannot be made, unless a small number of exceptions apply. Often, force of circumstances then means that the claimant is left with no practical option but to choose to claim UC. But it is always a choice.
In this case, there is no good reason why your client would choose to claim UC. She falls into one of the exceptions where a new claim for HB can be made (if its supported accommodation) and so all she needs to do is make a new claim for HB. Nothing is going to change as far as her Income Support and tax credits go - they will just carry on going. So there is no reason at all for her to decide to claim UC unless it would be to her advantage to do so.
There is only one “trigger” for migrating to UC: it is when the claimant (no-one else) decides to claim UC.
There are many situations where a person might well choose to claim UC. There are many situations where it would be silly not to. This is not one of those situations. This person has no reason to claim UC of she doesn’t want.
DWP absolutely will not decide whether to end her Income Support, it is not their decision to make.
There are really only three things you need to know about full service UC:
- anyone with a pulse may (if they wish) make a claim for UC
- anyone with a pulse may not make a claim for any legacy (sorry “heritage”) means tested benefit
- there are exceptions to the above
This is one of the exceptions: she may make a new claim for HB. She doesn’t need to be making a new claim for anything else, so nothing else changes.
PS Snap! Elliot beat me to it
There is only one “trigger” for migrating to UC: it is when the claimant (no-one else) decides to claim UC.
There are many situations where a person might well choose to claim UC. There are many situations where it would be silly not to. This is not one of those situations. This person has no reason to claim UC of she doesn’t want.
DWP absolutely will not decide whether to end her Income Support, it is not their decision to make.
There are really only three things you need to know about full service UC:
- anyone with a pulse may (if they wish) make a claim for UC
- anyone with a pulse may not make a claim for any legacy (sorry “heritage”) means tested benefit
- there are exceptions to the aboveThis is one of the exceptions: she may make a new claim for HB. She doesn’t need to be making a new claim for anything else, so nothing else changes.
PS Snap! Elliot beat me to it
We need to set up a rota or something Peter…
Thank you very much for your prompt replies. It appears the information we have been going off is very misleading. Thank you for the clarification on this one.
I have just had a thought. If someone is in supported accommodation and claiming housing benefit for this reason and the supported accommodation charges stop, will this person be allowed to stay on housing benefit and legacy benefits.
Yes, provided the same local authority is responsible for the HB claim before and after. There would be no reason to make a new claim for anything in these circumstances: HB continues following a change of circumstance and as far as the other legacy benefits are concerned there has been no change.
However, if the claimant is already on UC while getting HB for specified accommodation, HB cannot continue if they move on to general needs because Reg 5 of the UC (Transitional Provisions) Regs 2014 prevents dual entitlement to HB and UC for people who are not in specified/temporary accommodation.
Fantastic thank you, you’re going on my Christmas card list