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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Delay in making full claim from live UC

JoW
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Financial inclusion manager - Wythenshawe Community Housing

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Joined: 7 September 2012

If a claimant doesn’t make their claim online for full service UC by the deadline dates and then claim is treated as a new claim so there is a gap do they have to wait 5 weeks for first payment again or is there any linking type rule (or mitigation as its only due to DWP changing computer system that she had to reclaim at all)?  If not are the grounds for backdating the same when it is a live to full transfer claim as a normal new UC FS claim?

Any advice welcome :)

Daphne
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Under the new draft managed migration regs there is a grace period - so if the person doesn’t make a claim by deadline day but then makes a claim within a month (what would have been the end of the first assessment period) it will be backdated to deadline day.

Run-on of housing benefit will continue for 2 weeks after the UC claim and so will the run-on of IS, JSA and ESA once they start in July 2020 (although I was told a a migration workshop with the DWP yesterday that everyone in the managed migration pilot will get the IS/JSA/ESA run-on even though that will be before July 2020). But the first payment of UC will not be till a month and a week after the claim is made.

JoW
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Financial inclusion manager - Wythenshawe Community Housing

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Total Posts: 343

Joined: 7 September 2012

Thanks Daphne. What about position now though? This case is someone who has been required to migrate from live to full recently. Are those regs the same now?

Daphne
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Sorry JoW! I didn’t read the heading properly!

There’s some guidance posted here - https://www.rightsnet.org.uk/forums/viewthread/13062/#60779 - which says that if fail to make claim by deadline day, claim is suspended, and then if fail to respond by further deadline it is closed. Looking at other posts it seems that then there is a gap in claim till new claim is made. As it’s a claim within 6 months of previous claim I guess it would go back into same assessment periods as previously so may not be 5 week wait but might still be money missing.

I know we have argued at stakeholder meetings that we didn’t think this was legal as not a new claim for a benefit, but connected to an ongoing award, and although DWP can ask for information and evidence in relation to an award - under reg 38 of the UC(C&P) Regs - they are not asking for new information or evidence in order to decide whether to revise or supersede. But I don’t know whether that argument would work.

If they miss the deadline and have to make a new claim then i assume the normal backdating rules would apply - but I think I’d also try arguing that there should be an extension of time for them to input the information to transfer the previous claim. Under reg 45 of the UC(D&A) Regs if that is what they are using it can be any longer period that the claimant satisfies the SoS is necessary.

JoW
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Financial inclusion manager - Wythenshawe Community Housing

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Total Posts: 343

Joined: 7 September 2012

Thanks Daphne. That’s great - I will give it a go