UC and national insurance credits
Hi, I am in a full service area for UC. I have a client who is unfit for work. She has not paid enough NI to qualify for new style ESA, and as she has 2 pensions, her income is too high for her to qualify for UC at present. However if she was found to have LCWRA following a WCA, and received an additional element for this, she would become eligible for a small amount of UC. As I understand it however, if she is not entitled to UC, the claim would close, which would presumably mean that she would never get as far as going through a WCA for this entitlement to be assessed. Is there no entitlement to ‘credits only’ cases any longer as there would have been on ESA? As I can see it, there is only entitlement to national insurance credits where benefit is in payment, either class 3 for UC. or class 1 for people who are in receipt of ESA, SSP, MA, IB or SDA. I can’t see any way for our client to get as far as a WCA.
I think Reg 28(7) is supposed to allow 1p of UC to be paid just so that there is still a “live” award pending a WCA.
Great thank you, which reg is that one, i’m having trouble finding the right one?
(7) Where, by virtue of this regulation, the condition in section 5(1)(b) or 5(2)(b) of the Act is not met, the amount of the claimant’s income (or, in the case of joint claimants, their combined income) is to be treated during the relevant period as such that the amount payable is the prescribed minimum (see regulation 17).
Translation: if the three-month wait for an LCW/LCWRA addition is the only reason your income is too high, you are entitled to 1p a month of UC.
Strictly speaking, Reg 28 contemplates a situation where you have already been assessed as having LCW - simple business, takes a matter of days, or so the drafter of the Regs thought, and now you are twiddling your thumbs for another couple of months. But I think it will stretch to cover pending WCA assessments too.
Brilliant thank you, I haven’t seen any cases where this has been applied in practice so will wait and see what UC do!