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UC cannot be backdated one month as client was in receipt of IR ESA so will have to claim HB for that period (UCFS area)
Client advised by UC in his journal that UC cannot be backdated one month as client was in receipt of IR ESA so will have to go to his local council to claim HB for the period he requested backdating for (UCFS area).
We arguing they can treat the IR ESA as unearned income i.e. Reg 10 UC (TP) Regs 2014 for that assessment period.
Same client we have posted re migrating from IR ESA to UC.
HB is possible if he claimed or expressed an intention to claim before the area became full service. One way of doing that is to report a change of address to DWP by telephone while currently getting ESA(ir) - that should trigger an HB-related conversation which legally amounts to a telephone claim under HB Reg 83.
If area was already full service at that time, a new HB claim is out of the question (assuming the usual exceptions don’t apply - temp acc etc). If so I agree with you there is nothing to say he cannot make a claim for backdated UC and if his circumstances warrant backdating (which is rare enough) UC would then “trump” ESA in respect of the backdated period and Reg 10 could be used to account for the overpayment of ESA. In most places Article 4(3) of the local commencement order governs this: ESA(ir) is abolished from the first day in respect of which UC is claimed - so in a backdated UC case not prospectively from the actual day of the claim, but retrospectively from the date in respect of which the claim is made. That’s the only way to get his rent covered for that month I reckon if the area was already full service.
HB is possible if he claimed or expressed an intention to claim before the area became full service. One way of doing that is to report a change of address to DWP by telephone while currently getting ESA(ir) - that should trigger an HB-related conversation which legally amounts to a telephone claim under HB Reg 83.
If area was already full service at that time, a new HB claim is out of the question (assuming the usual exceptions don’t apply - temp acc etc). If so I agree with you there is nothing to say he cannot make a claim for backdated UC and if his circumstances warrant backdating (which is rare enough) UC would then “trump” ESA in respect of the backdated period and Reg 10 could be used to account for the overpayment of ESA. In most places Article 4(3) of the local commencement order governs this: ESA(ir) is abolished from the first day in respect of which UC is claimed - so in a backdated UC case not prospectively from the actual day of the claim, but retrospectively from the date in respect of which the claim is made. That’s the only way to get his rent covered for that month I reckon if the area was already full service.
Thanks HB for the response.
Unfortunately, already UCFS area.
Posted just in case someone has the same scenario, to save them some time digging around.