From UC with LCWRA element to ESA again

Client tells us he was on UC with the LCWRA element whilst single. Prior to this he was on ESA with the support component but when his relationship broke down, he had to make a UC claim for housing costs. During the period cl was not living with his partner and children, partner was working and claiming child tax credit and child benefit. Cl then moved back in with his former partner and their three children. Cl ended the UC claim. Cl made a new claim for ESA which was accepted (Sept 18), and his partner added to his claim. No component was paid. Cl states that he was never found fit for work during this period.
A new WCA was carried out in Dec 18 and cl was again placed in the support group. Arrears of the support component were paid from Jan 19, not backdated to Sept 18.
Cl says they made a new claim for child tax credit in Sept but have been told this cannot be paid to them until March 19.

Apologies, but I am confused.
Can cl have the support component backdated to the start of the ESA claim, given that there was no decision on his capacity for work between his UC claim ending and the ESA claim starting? What would be the reference for this?.
Why was cl able to reclaim ESA, rather than have to make a UC claim with the partner and children?
Why has cl been told tax credits cannot be paid until March 2019?

Thanks

How many children?

Sorry, I’ve just reread.
Three children is the answer (to my question, and yours).
Moving back in with the family, he could come off UC and make a new claim for ESA because of the three children. But there would be the usual 13 week assessment period. The transitional provisions only help if you’re going from ESA to UC - not the other way around.

But I have no idea about the six month tax credit wait. Is it something to do with an overpayment?

I think that HMRC may well be right here.

Up till 31/01/19, the rule was that you couldn’t make a new claim for UC in a full service area if you had 3+ kids - and would therefore be passed along to legacy benefits. However, the exception to that rule was that you could still make a claim if either claimant had a UC award which ended within the previous 6 months - see Reg 39 of the UC (Transitional Provisions) Regulations 2014 and this CPAG article: http://www.cpag.org.uk/content/ask-cpag-online-how-does-two-child-limit-apply-universal-credit

(There are a few situations where this wouldn’t be true - for example if the claimant has been in prison, preventing the re-claiming rules from operating, or if there is an existing WTC award, as it is still possible to bolt a CTC claim on - but proceeding on the basis that none of these apply)

When your client has come to make the joint CTC claim with his partner, they are caught by this six month exception - which is why HMRC have suggested re-claiming in March, six months after his UC ended in September (in reality, it will be impossible for them to claim in March as suggested because UC has now been opened up to claimants with 3+ children as from 01/02/19 - so they will just be directed to UC when they try to claim).

Which leaves the irESA claim - I think that this has been awarded by mistake. The same rule which precluded an CTC award ought to have precluded an irESA award. In this case, it isn’t a joint claim - but the sole claimant still had a UC award which had ended within the past six months.

One way or another, I think that this couple has to get back onto UC pronto. Otherwise, they are not going to get any money for the kids. I think there is pretty significant cause for complaint to the DWP, putting it mildly.

Thanks, that was my feeling too- I couldn’t see how this situation could have arisen had the rules been followed correctly. V helpful to discuss.