UC and Cap

Hi,

Under the legacy system, one of the exemptions for ben Cap was to be in work, at a sufficient number of hours to claim WTC.

I have a couple, and prior to UC (which was claimed as HB stopped),  the gentleman was on ESA and has recently worked.

Normally there would be the requirement to work 24 hpw to get the Ben Cap exemption, but with UC, can you do 16 hours and qualify under the disabled worker rules (ie in the last 182 days has had a claim for ESA and has an illness which puts them at a disadvantage of gaining employment). They say that they have been exempt in the past but I cant quite get my head around why. Im not sure if it was just a delay on the part of the DWP in applying the cap.

Does the 16 hour disabled worker rule apply under UC?

You have to earn an amount equivalent to 16 times the national minimum wage converted to a monthly amount - see https://www.rightsnet.org.uk/welfare-rights/news/item/amendment-of-the-benefit-cap-earnings-exception-threshold-for-universal-cre