Qualifying benefit rules and UC non dependants
UC claimant has non-dep living with them and a £75.15 HCC being taken.
Non-dep applies for PIP and it takes 9 months for it to be awarded - they are awarded DL PIP.
Claimant notifies DWP who remove HCC from MAP notified.
This doesn’t fall under the ‘qualifying’ benefit rules as it only applies where the claimant or a member of their family as defined in the UC Regs is awarded a qualifying benefit. And where the SS&CS;(DA) regs 1999 cover non-dependants it’s only in respect of IB JSA, IR ESA, IS and PC – not UC.
Do you think this was an accidental omission? Anything that can be done?
I think the position is the same for Housing Benefit, so perhaps not accidental?
This isn’t an answer to the broader question, but you can resolve this particular case by dealing with it as a late reporting of a change of circumstances. Given that it was conceptually impossible for your client to have reported it any earlier, time ought to be extended.