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Urgent help needed for a homeless client on IB JSA moved from north west being told he has to claim UC?

 

Andyp5 Citizens Advice Bridport & District
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‘The principle is that if on a ‘legacy benefit’ & it does not mean a claim for another ‘legacy benefit’, then they remain on the ‘legacy benefit’.

Have a homeless claimant in receipt of IB JSA who has moved from the North West very recently, we rang JCP enquiry line who advised despite his change of circs being change of address, he has to claim UC, it appears he was advised the same last week locally.

It looks like we will need to escalate via MP, has any one got the relevant legislation to hand?

I’m guessing it means a trawl of The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015, if anyone can cite quickly would be really grateful!

     
Andyp5 Citizens Advice Bridport & District
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Found this attached guidance which confirms the obvious i.e. the ‘principle is that if on a ‘legacy benefit’ & it does not mean a claim for another ‘legacy benefit’, then they remain on the ‘legacy benefit’.

Extract from guidance below

‘What happens if a legacy benefit claimant reports a change of address into a UCFS area and a new LA area, but does not have an existing claim to Housing Benefit? If the claimant does not wish to claim Housing Benefit their legacy benefit claim will continue’. Source - DWP Universal Credit legacy variations and appeals First published: 08 May 2017 (version 1) Updated:  05 July 2018 (version 4). 

But still very keen to find the legislation to share with our local MP, because the Jobcentre in Greater Manchester were adamant, the JCP enquiry line were adamant and it would appear from what our client told us, so did our local Jobcentre.

     

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Andyp5 Citizens Advice Bridport & District
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Found it for us in West, North, and South Dorset and other areas who went UCFS from Oct and Jan 2017 if any help - :

Article 4 (1) The Welfare Reform Act 2012 (commencement No.17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017.

     
Andyp5 Citizens Advice Bridport & District
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Thank you to the person who i’ve just noticed messaged me this CPAG article and the other person from the same region up North who messaged me some sage advice too - :

http://www.cpag.org.uk/content/universal-credit-defective-claims-and-withdrawals

      [ Edited: 9 Oct 2018 at 04:41 pm by Andyp5 Citizens Advice Bridport & District ]