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SMI loan when moving from PC to UC

 

Income Max
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Weymouth & Portland Citizens Advice

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Joined: 2 January 2018

Trying to figure out whether client can be exempt from 9 month waiting period in this scenario:

Client’s partner claimed PC and SMI benefit/loan (unclear which) for them as a couple. Partner died. Client below pension age so claimed UC.

Work coach thinks waiting period probably applies because PC claim wasn’t in client’s name, but is going to get back to client after consulting with supervisor.

Any thoughts?

      [ Edited: 2 Jun 2018 at 05:01 pm by Income Max ]
Gareth Morgan
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Managing Director, Ferret, Cardiff

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Hmm.  Reg. 21 says, inter alia,

Transition from legacy benefit to universal credit
21.—(1) Paragraph (3) applies where—
an award of universal credit is made to a claimant who—
(i) was entitled to, or was treated as entitled to, a legacy benefit (a “relevant award”) at any time during the period of one month ending with the day on which the claim for universal credit was made or treated as made (or would have been so entitled were it not for termination of that award by virtue of an order made under section 150(3) of the Welfare Reform Act 2012(d) or the effect of the Transitional Provisions Regulations (e));

or
(ii) was at any time during the period of one month ending with the day on which the claim for universal credit was made or treated as made, the partner of a person (“P”) who was at that time entitled to, or treated as entitled to, a relevant award, where the award of universal credit is not a joint award to the claimant and P;

but Pension Credit is not a legacy benefit, only working age benefits are defined as such.

The same drafting seems to be used throughout the regs.  If they’d used ‘qualifying benefit’ instead it would have been OK.

I’m speaking at a conference on Tuesday with the DWP policy man responsible for these regs, so I’ll ask him.

     
Income Max
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Weymouth & Portland Citizens Advice

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Thanks Gareth, I think going straight to the policy makers might be the best way to get an answer to this. I’ve had a look at the regs and I agree with you that they don’t seem to address this situation.

     
Gareth Morgan
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Managing Director, Ferret, Cardiff

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I’ve spoken to the DWP SMI policy people and they will fix it.  It wasn’t their intention.  In the interim, try escalating it if there’s a problem.