Timing of UC claim

Cl was getting CA and IS until the cared-for child’s DLA stopped. As a consequence of the CA and IS stopping the cl’s HB stopped.

The DLA was reinstated from the date that the previous claim ended and I understand that the local Council has indicated that they might reinstate HB with arrears back to the date the HB stopped (presumably this would be done by either reviewing the decision for ending HB or making a new HB claim with a request to backdate?)

As it seems unlikely that IS would do the same it may be that the cl will need to claim UC (in fact there are some advantages to this as the cl is now working and would get the Carer Element of UC even if they earned too much to get CA)

The question is the timing of these claims- as a claim for UC extinguishes the cl’s right to HB should the UC claim wait until after the new HB claim is made or a review started- I can see that a review of a pre existing claim would not be affected by a UC claim but a new HB claim might be.

Any thoughts or experiences gratefully received

Did the HB claim need to stop - i.e. was there entitlement without the passport from IS?

If there was entitlement and the client just failed to submit evidence etc. when the HB claim was (presumably) suspended, you could appeal that decision without any reliance at all on the DLA/IS issue.

If the council has already indicated that they are willing to reinstate the HB, it may well be that it is still just suspended, for that matter.

There were some other posts not too long ago indicating that someone had had some luck having IS reinstated in these circumstances.

Va1der - 26 August 2021 11:56 AM

Did the HB claim need to stop - i.e. was there entitlement without the passport from IS?

If there was entitlement and the client just failed to submit evidence etc. when the HB claim was (presumably) suspended, you could appeal that decision without any reliance at all on the DLA/IS issue.

If the council has already indicated that they are willing to reinstate the HB, it may well be that it is still just suspended, for that matter.

There were some other posts not too long ago indicating that someone had had some luck having IS reinstated in these circumstances.

Thanks for the reply, I have asked the office concerned about the method of getting the HB back. It is not to the cl’s advantage to get IS reinstated , their earnings will probably stop the CA (and IS) but if they are on UC they will be able to keep the Carer Element included in the calculation for UC

it may be worth checking whether IS stopped because of the DLA/ carers allowance stopping OR was it because of the new level of earnings?
if the higher earnings tie in with the IS end date, the customer may be entitled to an extended payment, so 4 weeksd @ max HB - it may be worth delaying any claim for UC until after that period - an extended payment is cut short if a claim for UC is made during the EP period

not clear, but if your customer was entotled to IS before, but wouldnt be know because hours/ wages have increased, it sounds like theres a possibility of an EPP

HB should have been suspended when IS ended, and info re new income requested - customer has a minimum of 1 month to provide this beforwe LA can terminate for failure to provide/ make adverse inference about income from end date of IS

Prisca - 26 August 2021 03:55 PM

it may be worth checking whether IS stopped because of the DLA/ carers allowance stopping OR was it because of the new level of earnings?
if the higher earnings tie in with the IS end date, the customer may be entitled to an extended payment, so 4 weeksd @ max HB - it may be worth delaying any claim for UC until after that period - an extended payment is cut short if a claim for UC is made during the EP period

not clear, but if your customer was entotled to IS before, but wouldnt be know because hours/ wages have increased, it sounds like theres a possibility of an EPP

HB should have been suspended when IS ended, and info re new income requested - customer has a minimum of 1 month to provide this beforwe LA can terminate for failure to provide/ make adverse inference about income from end date of IS

Thanks, the details are bit vague but I don’t think the cl was actually working until after the DLA/CA/IS stopped so the IS entitlement was almost certainly as a carer with a low income

Sorry, I was referring to the past period re IS - i.e. if the client would be entitled to any backdated payments of IS if it was reinstated along with the DLA. That wouldn’t stop your client from claiming UC now/before pursuing an IS appeal.

Unless this is temp/supp accommodation you cannot make a new claim for HB, even if you wanted to rely on an award of a qualifying benefit for an extended backdate. 

Your only option would be to appeal the decision to end HB - either because it should never have ended (client entitled on other grounds), or because a qualifying benefit has been reinstated and backdated (the circumstances at date of decision to end the claim from having now been corrected by appeal).

(Or, as I said, the HB might still be suspended.) 

Unless there is scope for having the HB reinstated imminently, I’d be concerned about the implications from delaying a UC claim, especially if you think the client will be better off on UC anyway.

EDIT: Incidentally, the IS thread I was referring to has just been updated with a meaningful outcome: https://www.rightsnet.org.uk/forums/viewthread/15312/P45/