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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

WITHDRAWING UNIVERSAL CREDIT CLAIM and applying for Housing Benefit

Graham Summers
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Welfare rights officer - Welfare Rights Service, Leicester City Council

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Joined: 17 June 2010

My client -aged 53, Single and Leicester resident.

Currently works between 15 and 25 hours per week and wishes to withdraw her Universal Credit claim and make a claim for Housing Benefit.

Is she allowed to do this?
Any advice really appreciated.

Elliot Kent
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Shelter

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This is a live service area yes?

In a live service area, a claimant can theoretically abandon their UC claim voluntarily and then make a new claim to whatever legacy benefit fits. It’s not risk-free though and is chance to run up against “computer says no” responses.

However, it sounds like your client might be the exact sort of person who benefits from being on UC rather than legacy benefits. She falls between the max 16 hours for JSA and the minimum 30 hours for WTC - claiming UC gives her access to a personal allowance which she would miss out on if she only claimed HB. She also benefits from the more generous tapering - so I’m wondering if she wouldn’t lose out significantly by going back to HB.

If its a full service area, then she’s stuck.

[ Edited: 11 Sep 2017 at 04:57 pm by Elliot Kent ]
HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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It doesn’t look as if much (if any) of Leicester Council’s area has gone to UC full service yet, so the answer is yes.  In a live service area there is nothing to stop anyone from making a new claim for HB (and Tax Credits if appropriate in your client’s case) as long as they are not caught by the definition of “UC claimant” in Reg 6 of the UC Transitional Provisions Regs 2014:

- currently on UC
- UC claim pending
- UC appeal or recon pending
- on UC as part of a couple in the last month
- ceased/failed to qualify for UC because earnings were too high within the last six months

Assuming your client’s earnings are not so high that she doesn’t qualify for UC, and have not been that way during the last six months, she can tell DWP she doesn’t want to claim anymore. They will deal with this as a change of circumstance that has effect from the beginning of her AP, so take care with timing.

Some Councils don’t accept that it is possible to execute this manoeuvre, but they are wrong: there is nothing in TP Reg 6 to say “once a UC claimant, always a UC claimant”.  TP Reg 6 is the only thing blocking new legacy benefit claims in a live service area - once it no longer applies to a person s/he may reclaim HB.

PS - overlapped with Elliott - of course he is right that she might be better advised not to do this

[ Edited: 11 Sep 2017 at 04:53 pm by HB Anorak ]
NeverSayNo
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Welfare rights department - Northumberland County Council

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Coming in to this a bit late but I was wondering Graham how did this go, if indeed your client did claim a legacy benefit (I take it she might not have done).

I have a client who was part of an ESA couple claim (he is not ill) until ptnr left him. A HB claim has already been lodged on basis of nil income, which I have confirmed is being processed.

I am thinking of a JSA claim as best way to secure some income quickly - rather than waiting the UC month+.

We are live service currently so his HB claim should stop a UC application but I am expecting the JSA claim not to go smoothly…..

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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I’m sure you know this, but for the avoidance of doubt: he will need to claim JSA while the HB claim is still pending. He will then fail the “existing benefits” part of the gateway conditions.  As soon as there is a decision on the HB claim there is nothing to stop him claiming UC and he won’t be able to claim JSA(ib).

You have already got over one of the frequent obstacles in such cases: the Council has accepted the HB claim, so that’s a good start.