UC claims being kept open for 5 APs and the waiting period.

I have two questions if I may :-) :

1. Are UC claims still being kept open for 5 APs with nil awards?  I have seen conflicting reports as to whether this is still happening in practice (although I believe the legislation to permit this is still valid).

2. If claims are being kept open with a nil award, will a nil award AP be treated as part of the 3-month waiting period?

Just to clarify, her income in month 1 is likely to take her over the amount even if the LCWWRA amount was included so I don’t believe Reg 28(7) UC regs 2013 will apply.  I want to know if the 5AP reg specifically would start the waiting period.

Many thanks!

Hi CAAdviser

It’s a subtle distinction, but I don’t think the legislation technically provides for ‘nil awards’; there is no entitlement to UC due to income, so no award, but they can be treated as making a new claim at the start of a subsequent AP, up to 5 months, without making a new claim. So I would say:
1) No - the power may be used to treat someone as making a new claim on the first day of the AP in which their income goes down; but there is an element of discretion, so not sure how widespread this is being applied in practice.
2) No - although if previous UC award ended within six months due to income, waiting period does not apply if previously getting LCWRA element (CPAG handbook p.72) or ends on date it would have ended in previous award (Reg 28(3) & (4)).
See:https://www.legislation.gov.uk/uksi/2020/522/regulation/3/made
“Reclaims of universal credit after nil award due to earnings
32A.—(1) This regulation applies where—
(a)a claim is made for universal credit, but no award is made because the condition in section 5(1)(b) or 5(2)(b) of the 2012 Act (condition that the claimant’s income, or joint claimants’ combined income is such that the amount payable would not be less than the prescribed minimum) is not met; or
(b)entitlement to an award of universal credit ceases because that condition is not met.
(2) The Secretary of State may, subject to any conditions the Secretary of State considers appropriate, treat the claimant (or joint claimants) as making a claim on the first day of each subsequent month, up to a maximum of 5, that would have been an assessment period if an award had been made or, as the case may be, if the award had continued.”
Mark