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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

UC or tax credits - new couple…

Paul007
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Oldham CAB

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Total Posts: 5

Joined: 10 July 2017

I have a client who has a partner with 5 children who were on legacy benefits - living in full service Universal Credit area.  They separated and he made a claim for Universal Credit as a single person.  His partner was in receipt of income support, child tax credit, housing benefit, child benefit and conucil tax support - as more then 2 children exempt from UC.

They have subsequently got back together and he was initially advised by work coach to start a *new* joint claim for Universal Credit - which was refused due to more than 2 children.  Legacy benefits have now stopped - tax credits state that he could not be added to previous claim as no ‘lead claimant’ with tax credits.  New housing benefit claim in process - unclear who lead claimant for Housing Benefit is. 

Universal Credit are stating clients partner and children can be added to his old UC claim (within 6 months) and that he will get paid child element for all 5 children as born before April 2017.  Client will be worse off on UC as self employed earnings well below minimum income floor - been self employed for well over 12 months.

We think our client probably has no choice and it will have to be UC.  Any contributions welcome…

WillH
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Locum adviser - CPAG in Scotland

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Total Posts: 365

Joined: 17 June 2010

Hi Paul, I recently had a not dissimilar query where there had never been a UC claim with any of the children in it. Nevertheless, I think the couple are caught by the 6 month provision.

If you look at the UC(TP) regs, reg39, it’s reg 39(1)(a) which creates the problem. It refers to reg 21(3C) of the UC Regs, & I think that covers your client’s situation (copied below). The key is that you’re caught by the 6 month provision even if only one of you was previously on UC, and even if that UC claim didn’t include more than 2 children. So UC can accept the claim.

(3C) Where a claim is made by a single person or members of a couple jointly and
the claimant (or either joint claimant) meets the following conditions–
(a) the claimant was previously entitled to an award of universal credit the last
day of which fell within the 6 months preceding the date on which the claim
is made; and
(b) during that 6 months–
(i) the claimant has continued to meet the basic conditions in section 4 of
the Act (disregarding the requirement to have accepted a claimant
commitment and any temporary period of absence from Great Britain
that would be disregarded during a period of entitlement to universal
credit); and
(ii) the claimant was not excluded from entitlement by regulation 19
(restrictions on entitlement – prisoners etc.),
each assessment period for the new award begins on the same day of each month as the
assessment period for the old award or, if there was an old award in respect of each
joint claimant, the assessment period that ends earlier in relation to the date on which
the claim is made.

Cordelia
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Welfare rights officer - Wrexham Council Welfare Rights Team

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Joined: 16 June 2010

Surely the issue isn’t whether UC can accept a new claim, but whether tax credits cannot accept a new claim.  As there are more than 3 children in the household they should be allowed to make new claims for legacy benefits.

Daphne
Administrator

rightsnet writer / editor

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Joined: 14 March 2014

I think the problem is that if you’re in a full service area you can’t make a claim for tax credits unless the particular exception applies - which would be three or more children and no claim to UC in the last six months - which they don’t meet because of his UC claim.