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Advance claim for Universal Credit-Prisoners
UCPIP(C&G) Regs, reg 32 states the DWP may allow you to make a claim for UC up to one month before you are released. Your award will only start once you have been released.
However on the Gov website it contradicts this and states
Before making the Universal Credit claim
A claim to Universal Credit cannot be made in advance of a prisoner’s release, however it is possible to start getting all the documentation and information needed to make a Universal Credit claim.
At around the 12-week stage prior to release we would encourage you to start the conversation about claiming benefits and encourage the prisoner to see the prison work coach.
The Universal Credit claim does not start until the claim has been submitted. The prison leaver should make the online claim immediately or as soon as possible after their release as claims will not be back dated.
Has anyone been successful in making an advance claim for Universal Credit in these circumstances?
Thanks in advance
DWP do not allow advance claims at the moment.
The Regs allow for advance claims if “the case falls within a class for which Secretary of State accepts advance claims or is a case where Secretary of State is otherwise willing to do so”.
The ADM at A2048 seems to suggest prisoners are such a class, and this has been the subject of many complaints in the past.
However it appears, despite what is stated in the ADM, prisoners are not currently such a class of case. See Annex A of this document.
CPAG still has a template JR letter on its website (last updated 18 months ago) https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters/claims so you may wish to discuss with them, despite the document that Charles has helpfully linked to.
See also https://www.rightsnet.org.uk/forums/viewthread/14903/#71709 for previous discussion
For the last 2yrs since we got lumbered with Full Service UC, we have been raising this issue to no avail - our cases are in relation to our Care Leavers turning 18 - but they are in the same class as the Prisoners in the ADM mentioned above.
The DWP just do not accept what the law says because in their eyes their system cannot cope with “advance claims”
Our DWP Local Partnership Managers have over this time raised this issue higher up the chain and each time I ask again about it I am told it is being looked at.
My tactic on this now is to make the claim in advance, get refused, make another claim once the DWP system can cope (Care Leavers on 18th bday, Prisoners on release) - then ask for an MR on the first claim. This too will either be refused or just ignored. I have one of these at first tier tribunal now which came about as a direct appeal because the “decision” refusing the first claim wasn’t notified to client properly or with appeal information.
We have used the JR letter route mentioned above but be prepared for the DWP to say “it doesn’t apply but here is the backdating you are after, now go away.”
Good luck, it’s a right slog!
My tactic on this now is to make the claim in advance, get refused, make another claim once the DWP system can cope (Care Leavers on 18th bday, Prisoners on release) - then ask for an MR on the first claim. This too will either be refused or just ignored. I have one of these at first tier tribunal now which came about as a direct appeal because the “decision” refusing the first claim wasn’t notified to client properly or with appeal information.
I don’t understand the point of this? An advance claim doesn’t mean you are entitled earlier. If you anyway make a claim on the day they turn 18 or leave prison, what have they lost out?
My tactic on this now is to make the claim in advance, get refused, make another claim once the DWP system can cope (Care Leavers on 18th bday, Prisoners on release) - then ask for an MR on the first claim. This too will either be refused or just ignored. I have one of these at first tier tribunal now which came about as a direct appeal because the “decision” refusing the first claim wasn’t notified to client properly or with appeal information.
I don’t understand the point of this? An advance claim doesn’t mean you are entitled earlier. If you anyway make a claim on the day they turn 18 or leave prison, what have they lost out?
Backdating of the claim when they cannot make their claim on turning 18 is the point. I can only really answer with respect to Care Leavers as I have little experience with prisoners making claims to UC. But I can imagine prisoners may also experience problems making a claim upon release.
As the DWP practice stands the person must press submit on the day they turn 18. If they do not, unless the very limited backdating rules apply which often they won’t, then that person misses out on around £20+pd (including housing costs). The point of the tactic is to cover the young person should they not make the claim on turning 18 on time, which is often the case with our care leavers. If this is the case with prisoners who I imagine also may have other things to be getting done on the day of their release, it may help them too. Some care leavers rely a lot on social work support, and putting all your eggs in one basket that a submit claim button will be pressed on their 18th bday isn’t wise.
We have examples of care leavers making claims 1 - 3wks after their 18th birthday. Backdating rules do not cover these. By making a legitimate claim in advance, you can argue the claim was made from turning 18 and be paid that way.
If the DWP want to show they do understand the needs of young people in the care system they should either adhere to the law or allow for backdating for this group
PCS reporting that -
DWP is preparing for a phased return for Prison Work Coaches in 42 prisons in England and Wales after national lockdown restrictions are lifted in early December. Prison Work Coaches were withdrawn from prisons at the beginning of the COVID-19 pandemic on safety grounds as it was unclear what the impact of the pandemic would be
Don’t know if this means there will be advance claims??