Any possibility of WTC being reinstated once you have claimed UC in full service area?

Hi all,

My client is a disabled worker who receives the enhanced rate PIP daily living.  He was claiming WTC on a SE basis until it was stopped on the basis of not meeting the self-employment test in late February 2017. The reasons given for this were very poor and the client experienced a lot of difficulty trying to get more information - he was also chased for a TC overpayment.

he next day he claimed UC in a full service area as he was advised this was all he could claim by HMRC/DWP.  He appealed the WTC decision.

He has been on UC for several months now, and HMRC have conceded the appeal. No overpayment.

Even if he passes the WCA on UC, he is so much better off on WTC/HB than he is on UC.

Can anything be done?  I have tried to explain to him that you cannot reclaim WTC in a full service area but I must admit I become a bit stuck with the explanation as I am not clear on the detail of why he cant.

Would someone be able to explain whether there is any chance he could go back on WTC, and if not why not.

Also - is it worth complaining to the Adjudicators Office about this or would HMRC be able to argue that they didn’t make any error as they have a right to investigate claims.

Such a mess.

In solidarity,

EKS

There are two pieces of legislation that regulate legacy benefits in full service areas.

First you have Regulation 8 of the UC (Transitional Provisions) Regs 2014, which applies in all areas (both full service and live service).  This says that any existing award of Tax Credits must end as soon as the claimant becomes entitled to UC.  I don’t see how the successful Tax Credit appeal can trump this - the award reinstated on appeal must still end as soon as UC starts.

That means WTC could only now resume by way of a new claim.  But this is where the other regulation kicks in: Article 7 of the WRA 2012 No 23 Commencement Order says that you cannot make a new claim for WTC in a full service area (subject to a few exceptions that don’t appear to be relevant to your claimant).

Taken together these provisions ensure that once you make the switch to UC in a full service area there is no way back.

Thanks so much for the speedy reply + expert knowledge. I will pass that on.