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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Protected… but then make a claim through poor advice?

Rebecca Lough
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Welfare Rights, Greenwich Council

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Be grateful for any thoughts here.

Mixed age couple who as of the 14th May were receiving couple PC and pensioner HB. He (younger) got crap advice after failing his PIP that he should claim UC in June. He did so. HB stopped as valid stop notice issued and UC is now in payment as a couple.

Client said today that her PC hasn’t stopped. We are confirming this, but if it hasn’t, is the view that we could withdraw the UC and then make fresh HB on the basis of continual protection?

On a more general point, if protected mixed age couples claim UC without understanding the implication, then their protection is irrelevant because it doesn’t function as a gateway - correct?

Thank you.

Paul_Treloar_AgeUK
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Information and Advice Resources, Age UK

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When you someone gave them poor advice, who was that “someone”?

We’ve just liaised with DWP over MAC who withdrew PC claim in June (that has been made in April) because she was given poor advice by ESA department and they have agreed to re-open the PC claim and sort things out.

However, it’s very worrying to think about how many other people there might be who have received poor advice from DWP and won’t or can’t go for independent advcie and won’t ever know they’ve been diddled.

Rebecca Lough
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Welfare Rights, Greenwich Council

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Hi Paul.

It sadly wasn’t DWP and was independent advice.

What do you reckon on the non-stopped PC?

Paul_Treloar_AgeUK
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Information and Advice Resources, Age UK

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I think they might be caught by reg.5 of the UC (Transitional Provisions) Regs 2014

Exclusion of entitlement to certain benefits

5.—(1) Except as provided in paragraph (2), a claimant is not entitled to—

(a)income support;

(b)housing benefit;

(c)a tax credit; or

(d)state pension credit under the State Pension Credit Act 2002 F1,

in respect of any period when the claimant is entitled to universal credit

Because the MAC savings provisions are so brutal, loss of entitlement for a single day to PC and HB means they’re no longer covered.

Daphne
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Rebecca Lough - 12 August 2019 02:35 PM

Hi Paul.

It sadly wasn’t DWP and was independent advice.

What do you reckon on the non-stopped PC?

They could consider a claim against whoever gave the advice if it was an agency or such like?