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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

UC cancelled claim! No income!!

JojoMitchell
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Disability Law Service, London

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Total Posts: 290

Joined: 10 July 2017

Not come across this scenario before, usually the other way around!

Client claimed UC on 11/11/2019 as her youngest child turned 5 and her IS stopped.  All was well until today when she received a note on her journey stating “claim closed”.  She was awarded PIP on 05/05/20 so updated her journal to this effect and a note was put on to state that a specialist SDP team would look into this.  They have now deemed her not eligible for UC from 11/11/2019 as she was entitled to the SDP and as of today, her claim has been closed.

Client is entitled to backdated SDP in her IS until 11/11/19 (being processed) so as she has now been awarded a qualifying benefit.  So in effect UC are stating that the UC was claimed in error (retrospective SDP) from 11/11/19 so what happens to those payments? Are they offset?

Can she claim HB & WTC & CTC now?  She works 16 hrs per week.  Does she need these backdated to 11/11/19?

Appreciate your quick response on this one as client is frantic!

[ Edited: 5 Jun 2020 at 04:32 pm by JojoMitchell ]
Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Joined: 27 February 2019

This is interesting, as DWP have always been of the opinion (wrongly, according to many) that a backdated award of an SDP premium due to the awarding of a qualifying benefit does not invalidate a UC claim made in that period.
Even the recent change of policy was only regarding cases where an SDP was (or should have been) in place at the time of the UC claim.

Was she entitled to HB immediately prior to the UC claim?

If not, I don’t think you have a choice. It is too late to get back on to legacy benefits. I would therefore request they revise their decision to terminate the UC, on the grounds that there was no entitlement to an SDP at the time of the claim for UC, and then she should be entitled to the SDP compensation payments.
Perhaps make a new claim for UC as well, just to cover your bases.

If yes, then it may be possible to get the HB back into payment, and then claim tax credits. Whether that would be the best course of action depends on a number of factors. Are UC asking her to pay back all the money received under the UC award?

JojoMitchell
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Disability Law Service, London

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Total Posts: 290

Joined: 10 July 2017

She was on HB with IS etc before she claimed UC.  We’re waiting to hear from UC about any overpayment.  She was going to try and claim HB & Tax Credits so we will see what happens.