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Entitlement during MR

 

Pete at CAB
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Apologies if this has already been looked at, I can’t seem to find anything in CPAG or here that might answer the question.

This is, fortunately, a hypothetical case which one of my colleagues put forward. The difficulty might equally apply to a claimant in the same situation but with more than two children rather than the SDP.

Cl is getting the SDP in his ESA and from Jan 2019 he is therefore barred from claiming UC under Sch.2 of the UC (TP) regs as amended.

In Feb 2019 he fails the WCA and applies for an MR. He isn’t entitled to any ESA while this is going on and he doesn’t have enough NI contributions to get C-JSA.

He doesn’t seem to be able to get I-JSA because he is in a full service area and he can’t claim UC either as he is barred under the above regs.

It therefore seems that he is not entitled to anything other than PIPS, HB etc while the MR is pending.

It seems unlikely that this is the intent of the government and there must be provision somewhere but I can’t seem to find out what this hypothetical gent could actually claim.

     
Daphne
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Reg 3 of the draft managed migration regs stops the relevant bits of the commencement orders coming into force as I understand it, so they have full access to all the legacy benefits - it works similarly with the two child rule

     
davidsmithp1000
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Hi, with this in mind, is it, in payment, or eligible for SDP, that will exclude claimants from new UC claims, and open up legacy claims? (As it currently stands)

     
Pete at CAB
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Daphne - 07 November 2018 12:04 PM

Reg 3 of the draft managed migration regs stops the relevant bits of the commencement orders coming into force as I understand it, so they have full access to all the legacy benefits - it works similarly with the two child rule

Many Thanks- I’ll pass it on to my colleague and I wait for the first case where someone goes to claim I-JSA and is told that they can’t!

     
davidsmithp1000
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Answered my own question ...

Restriction on UC Claims
1.  No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom—

(a)is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium;
(b)in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium; and
(c)is not a notified person.