New claim advance- what is the entitlement cut off point?

Some sources say the cut off is 1st payment, for example “You can apply for a Universal Credit advance before you get your first payment” (https://www.gov.uk/guidance/universal-credit-advances#how-to-apply-for-a-universal-credit-advance)
Or “The aim of a New Claim Advance is to support claimants who can’t manage until they receive their first payment of Universal Credit.” (http://data.parliament.uk/DepositedPapers/Files/DEP2021-0835/005_Advances_-_New_claim_V15-0.pdf)

But in the above guidance, in the Timescales section, it says “[...] they may then ask for an Advance at any point during their first assessment period. “

The reason for my question is today’s experience with the UC Helpline. Client was told they are no entitled because the DATE of their 1st payment is now gone.

Date of 1st payment was 12th of May but client was not paid. We cannot find our why- though we have asked. The client is an Ukrainian national who fled the war with bare minimum of paperwork. They have now completely run out of money.

They have passed HRT (yes, they are exempt but there has to be a HRT decision made and this was also delayed) and the claim was approved.

Can they be issued new claim advance even though the 1st assessment is over?

This used to be the case with the New Claim Advance…
  “a Universal Credit Advance (new claim) cannot
be considered if the claimant is requesting a new
claim advance within 3 working days before the
end of the first assessment period “

However there is no such limitation with the Change of Circumstances Advance

Change of Circumstances Advance
A change of circumstances to any of the following could have the effect of
increasing the Universal Credit award amounts:
 housing
 child or children
 partner
 disabled child
 childcare
 carers
 Limited Capability for Work
 Limited Capability for Work and Work Related Activity
 loss of earnings (to be considered in the assessment period following the date
final earnings were received

I’d be more concerned about the lack of payment of the actual award. You say you’ve confirmed the claim was approved - if that’s accurate then it sounds like the award was nil £, and if that remains the case they can’t get any advance from UC. 

They might be able to get social welfare assistance from the LA instead.

OK, so I am coming back with a hope that you’ll be gentle.
I have made a lot of fuss and sent a “strong” letter to JCP but .....oh it’s so hard…they were right.
Its the Regs. Reg 6(2)(b) “The Secretary of State may make a payment on account of benefit to A if [...] the date on which the first payment of that benefit to A is due to be made in accordance with the award has not yet been reached.
https://www.legislation.gov.uk/uksi/2013/383/regulation/6

This is just highly unfair to a client who apparently provided all required information within 1st AP.

Can’t to the Change of Circs advance as there are no changes. The award cannot possibly be NIL as there is no earnings or any other income.

UB40, you are right, its still in the guidance about the 3 days.

We have to go to the LA for assistance.

Thank you all for your input. Please ignore the egg on my face.

What about 6(5)? Given that payment hasn’t been made for the first AP.

EDIT: Though welfare assistance from the LA would leave them better off once UC maked the delayed payment, so that route may be preferable.

Reg 6(5) is very interesting indeed. I wonder what would “impracticable ”

But anyway, social services jumped in, and at the same day UC paid out. No explanation why late, no call from the case manager (for which we have been asking).

The UC was paid out at the old rate, i.e. before April. The claim was submitted on 06/04/22. Is that correct?

Yes, it will be the 21/22 benefit rates unfortunately. The increased allowances only apply to assessment periods starting from 11/4/22