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triggers for a UC claim in UCFS
I think I know the answer to this but I need to check.
UCFS area; someone already in receipt of ESA moves into Specified Accomodation and claims HB.
Does that trigger a UC Claim? Does it trigger S33 WRA 2012 and abolish the ESA?
Am I barking up the wrong tree?
I am looking at article 4 of WRA Commencement 9&8
No need to migrate to UC in those circumstances. The events that abolish ESA(ir) are a claim for UC, a claim for ESA or a claim for JSA. A claim for any of the above would abolish ESA(ir) and JSA(ib), while a claim for UC would commence UC. The relevant provisions are similar to (but simpler than) Article 4 of the No 9 Order: there is in essence a shortened version of Article 4 in every local commencement order, which omits the national content of Article 4 of the No 9 Order. See for example Article 4 of the No. 24 Order, which introduced UC in various places on various dates over a few months from September 2015. You will see that a claim for HB does not commence the abolition.
IS, HB and Tax Credits are handled differently: in full service it is very difficult to make a new claim for these (Article 7 of the No 23 Order), but where you can make a claim it doesn’t have any effect on anything else. So a person moving into specified accommodation while receiving ESA(ir) is entitled to claim HB without disturbing the ESA award.
I thought so.
Lets hope JCP do too; there’s going to be rather a lot of these claimants round these parts
Thank you.