5 children and a new partner already on UC?

This lady has been given contradictory advice from a range of sources, so I want to be sure I get it right.

She is currently claiming Income Support and tax credits for five dependent children.  Her partner has just moved in.  He is already on Universal Credit.  Does his existing UC claim override the normal barrier to larger families claiming UC?  Or can they decide whether to claim UC or legacy benefits? 

Thanks in advance,

Cordelia

I think it’s UC under reg 39 of the UC (Transitional Provisions) Regs 2014

But I think should get money for any born before 6/4/2017 under transitional protection - reg 40

Hi Daphne,

that does make sense.  I had confused myself by thinking of the mum as a new claimant, and not starting with the partner’s status as an existing claimant.  The regulation almost suggests that they are simultaneously able and not able to claim - a Schrodinger’s cat’s claim?

Meanwhile, someone from the DWP has phoned the client and advised them to make a telephone claim for child tax credits (?) and a paper claim for income-related ESA. 

The new partner is currently on contributory ESA (I don’t know what group or whether it’s old or new style).  Assuming its not support group, then they will be better off on legacy benefits as the benefit cap will only affect their HB payment, whereas they will lose a larger amount of their UC payment.  There is no PIP award at present although he may apply for it.

Cordelia - 04 October 2018 02:41 PM

Hi Daphne,

that does make sense.  I had confused myself by thinking of the mum as a new claimant, and not starting with the partner’s status as an existing claimant.  The regulation almost suggests that they are simultaneously able and not able to claim - a Schrodinger’s cat’s claim?

Meanwhile, someone from the DWP has phoned the client and advised them to make a telephone claim for child tax credits (?) and a paper claim for income-related ESA. 

The new partner is currently on contributory ESA (I don’t know what group or whether it’s old or new style).  Assuming its not support group, then they will be better off on legacy benefits as the benefit cap will only affect their HB payment, whereas they will lose a larger amount of their UC payment.  There is no PIP award at present although he may apply for it.

I agree with Daphne. It should be UC, because of reg 39(1)(a) of the TP regs - they fall under reg 21(3C) of the UC regs.

So there isn’t a choice. Which is a real shame, here, but regardless of what DWP say, a correct decision on any new claim for legacy benefits (tax credits & ESA here) will be a no.