Client told to withdraw new claim pending previous MR
We have a client who claimed UC in Dec 2018 when not working, refused due to right to reside and MR submitted arguing permanent right to reside. No decision yet and it is not certain we will be successful due to sporadic work history and periods as a student without insurance.
The client then gets a full-time job so we advised to make a new claim arguing worker status. When attending the HRT appointment they were told they needed to withdraw the new claim and wait for the MR decision and the client has now done this so new claim has been closed outright.
I know there was a previous thread about new claims over-righting previous claims so it was not always advisable to make a new claim when a refusal MR was pending. The issue here is that the client could lose out on entitlement from the new claim when we are waiting for a MR decision that may not be successful.
Any thoughts on how to proceed would be appreciated.
I would say definitely put in a new claim. The MR can still proceed on the previous decision and if successful can award UC up to the date of the new claim. The new claim should definitely be successful and, as you say, you don’t want to lose out if the previous MR is not successful. I would also try and get the new claim paid from when he made his second claim - he clearly shouldn’t have been advised to withdraw it - but I’m not sure of any legislative basis for that??