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Confused - help! UC claim due to stop, what next?
OK, I need help here, I am totally confused.
As posted elsewhere, claimant has been accused of co-habiting, denies it, claim suspended.
UC now say they have reached a decision (and of course they agree with themselves) and will close her claim.
Client wishes to MR the living-together decision.
Initial claim made as single person under live service.
She is in an area which is not FSUC.
Wishes to claim as a lone parent (which of course means the new claim will run in to the same barriers)
Is this claimant caught by UC Transitional Regs 6(2)(e) -still a UC claimant because seeking MR?
If so, how does she claim??? Not a full service claim and there is no live service any more.
Delenda est UC.
[ Edited: 12 Apr 2018 at 04:40 pm by Andrew Dutton ]
There may be a more technically correct answer in that I would imagine there would have had to be something to cater for this situation in the regs/order that did away with new UC claims in live service areas.
Otherwise, if she waits for the outcome of the MR and then claims IS and then appeals, 6 (2)(e) surely doesn’t kick in…..
I know that would risk the appeal being made late (i.e. if she waits for a decision on the IS claim before appealing) but technically it works, I think?
I agree with PastCaring. I think it may be about getting IS claimed & decided inbetween the MR notice & the appeal, if possible. And if that means being late, I think the tribunal would see the impossibility of the situation & allow a late appeal.
Would another possibility be to claim IS, see what happens with that, and if successful request a late revision of the UC decision? Would client be willing to wait on basis that she needs IS in the meantime? Can we assume SSWP won’t be revising the decision on their own initiative meanwhile!?