UC Claim closure

All social security decisions are made by the Secretary of State, nominally at least, acting under delegated authority. We think of decisions being made by someone with the job title “Decision Maker” but that is just a DWP term. There are no special rules or requirements as to who authority can be delegated to and indeed there is specific authority for decision making to be conducted automatically by computers (e.g. in uprating) - see s2 SSA. There is recent authority on ‘stop notices’ been produced automatically without human input which the UT did not find objectionable - SK v HMRC & SSWP [2022] UKUT 10 (AAC).

In reality there are very few decisions which are actually made by Decision Makers. The majority of decisions within the meaning of s8 and s10 SSA are made by Case Managers, because every time a monthly award is approved that is a decision (although arguably not in a case where there is no change).. Decision Makers usually decide the points of principal such as whether something can be backdated, WCA outcomes, right to reside etc.

So yes, I don’t think there is anything objectionable in the current processes insofar as asking someone wearing a hat which says “Case Manager” rather than “Decision Maker” to deal with the issue.

That of course does not excuse the utter failure to investigate these matters properly as discussed on the other thread. I think the focus has to be on the appropriateness of the investigation rather than who ultimately makes the decision.

Elliot Kent - 16 March 2022 10:27 AM

So yes, I don’t think there is anything objectionable in the current processes insofar as asking someone wearing a hat which says “Case Manager” rather than “Decision Maker” to deal with the issue.

 

Right…I guess this topic is closed then :D

Thank you Elliot, you killed my “stick it to the DWP” idea but I have learned something valuable.

Jo_Smith - 16 March 2022 10:06 AM

I have decided to create a new topic because a discussion has developed under this topic about UC for disabled students in non-adv education here: https://www.rightsnet.org.uk/forums/viewthread/18060
That topic was about DWP reacting instinctively and closing claims when clients declared that they are students, and the main issue was lack of proper investigation whether such student could satisfy WRR or if remaining on the course could be the best way to voluntarily prepare for labour market. I used term “Pavlovian reaction” but I find most dogs learn faster.

Anyhow, this topic is about claim closure. It appears claims are closed by people other than DMs and who are not mentioned anywhere in published guidance. I am unable to find any published materials which clarify that anyone else apart from DM can make decisions on entitlement.
Spotlight on claim closure states that “Most decisions on eligibility and entitlement are made by decision makers.” (https://www.whatdotheyknow.com/request/612004/response/1465912/attach/2/Annex%201%20Claim%20Closure.pdf?cookie_passthrough=1)

ADM on Principles of decision making does not allow for this cascading of decision making.

But I have received a response from an UC Operations Manager at one of the Service Centres who said :
“Current processes allow a Work Coach or Case Manager make an entitlement decision on education as they follow the to-do on the UC System even though they do not have the job title of Decision Maker. This gives them the authorisation to close a claim if the claimant does not meet the criteria for entitlement. This process is held within Universal Learning.”

Does anyone have access to Universal Learning? Do you think such delegation of decision making is correct?

Does anyone have access to Universal Learning?

I think it may relate to the bottom FOI below, that said there may be more stuff they haven’t released to the multi-tasking Mr Zola. Had a quick skim could find anything but then found another FOI with a annex list.

UCFS24 Generic Claim Closures and Re-claim - https://www.whatdotheyknow.com/request/450659/response/1087200/attach/3/Annex%20A%20learning%20product%20list.pdf?cookie_passthrough=1

https://www.whatdotheyknow.com/request/work_coach_training_materials?utm_campaign=alaveteli-experiments-87&utm_content=sidebar_similar_requests&utm_medium=link&utm_source=whatdotheyknow

https://www.whatdotheyknow.com/request/work_coach_new_entrant_learning#outgoing-1078782

Hi Andy, I have some Universal Learning literature but not direct access as I have left the DWP.
As far as DMs are concerned the more complex decisions are made by EO DMs, on subjects such as HRT, Gainful Self Employment, under 18 entitlement.
The next staff grade down are AOs such as case managers who make decisions on backdating etc.
In the staff Spotlight I attach it refers to “agents ” so these may be AO Casemanagers or EO DMs or Work Coaches ( they are EOs).
The EO DMs can be in large teams such as were at Plymouth Old Tree Court ( Labour Market Sanctions ), Wick Scotland ( HRT ), Pynes Hill Exeter, UC.

According to the Spotlight any agent can close a claim provided the other To Dos have been completed and some of these To Dos can only be completed by an EO.

There maybe other relevant factors for instance the claim cannot be closed if a WCA is awaited.

Hope this helps!

Ta very much UB40!!!!!

Hi Andy, I’ve had a root around but I don’t have the Universal Learning section on Claim Closure. However Universal Learning is a kind of online staff encyclopedia and is not as definitive a statement of best practice as a Spotlight which gives full instructions to staff. Just thought I would add that 😊

Mmmmmmmm interesting thanks UB40!!!!!!

On another hand a decision to stop UC must follow a proper process and will not be valid if it does not. On a different issue we have had some success in arguing that since an UC claim had not been validly superseded to close it, it continued. Bit of a niche area and of limited practical use but when it is useful .... very satisfying. Maybe also take a look at PP v SSWP (UC) [2020] UKUT 0109 (AAC) - handy in some cases perhaps. I think there may be another but - client calls…

Can a claim be closed when a claimant is waiting for the outcome of an appeal against a LCW/WRA decision? Surely that’s as bad as closing when awaiting a WCA decision?

thank you UB40 for that information. I have just had this very situation (student found to have LCW in 2021 but was missing PIP at that time; awarded PIP from March 21 and LCW Feb 2021 but decision only just made on PIP)

Made a new claim for UC which has been refused - to my knowledge no request for any information about the course/compatibility with claimant commitment; no exploration of PIP/LCW to check for exceptions. Claim just closed and unable to put any information on journal and not seen any evidence of a formal decision either. Having to go through written MR via post which will significantly lengthen process (that’s if letter doesn’t get lost)  (trying to get original claim from 2020 reinstated also)

I am trying to insist that the journal be re-opened and proper information requested so that fully informed consideration can be made. very frustrating.

In this circumstance I would be inclined to take a copy of the whole journal (and any other information on the claim that might be relevant), and then make a new claim and use that to request the MR.

This is a very triggering thread.

1. A claim cannot be closed.

2. A claim can be decided.

3. The claim may be allowed in which case it ceases to exist but there is an award in place.

4. The claim may be refused in which case it ceases to exist.

(s.8(2) SSA 1998)

5. The fact that DWP guidance talks about “claim closure” does not mean we should. It confuses what is actually being discussed and disguises what the actual issues are and means we fail to look to see whether there is actually a power to refuse a claim or end an award.

I am going to go and calm down in a darkened room now.

Martin Williams - 27 April 2022 08:50 AM

This is a very triggering thread.

1. A claim cannot be closed.

2. A claim can be decided.

3. The claim may be allowed in which case it ceases to exist but there is an award in place.

4. The claim may be refused in which case it ceases to exist.

(s.8(2) SSA 1998)

5. The fact that DWP guidance talks about “claim closure” does not mean we should. It confuses what is actually being discussed and disguises what the actual issues are and means we fail to look to see whether there is actually a power to refuse a claim or end an award.

I am going to go and calm down in a darkened room now.

sorry for raised blood pressure Martin! I share your frustration.  I was on your seminar a couple of weeks ago - and I have raised these very issues with the partnership team. I will keep the thread updated.

Timothy Seaside - 26 April 2022 05:31 PM

In this circumstance I would be inclined to take a copy of the whole journal (and any other information on the claim that might be relevant), and then make a new claim and use that to request the MR.

thank you - yes will be quicker that way

Meanwhile, at a claimant’s Journal not far away…..

Wed 4th May at 3.18am

Your claim has been closed
You were not eligible for Universal Credit between 4 November 2021 and 3 December 2021

Closed date
4 November 2021
Reason
Your income was the same as the maximum amount you’re allowed to earn. This means your Universal Credit has reduced to £0.

I’ve asked UC what they have been doing for the last six months. And if the night shift at UC pays well.

I’m betting it’s not a night shift. It’s working from home. A baby has woken the parent up in the early hours, they’ve got the baby back to sleep, now too awake to go back to sleep themselves, so decided to catch up with or get ahead of a day’s work. What would Jacob Rees-Mogg say about such behaviour? (Should have left the job to the nanny, I imagine.)

Andrew Dutton - 04 May 2022 12:40 PM

Meanwhile, at a claimant’s Journal not far away…..

Wed 4th May at 3.18am

Your claim has been closed
You were not eligible for Universal Credit between 4 November 2021 and 3 December 2021

Closed date
4 November 2021
Reason
Your income was the same as the maximum amount you’re allowed to earn. This means your Universal Credit has reduced to £0.

I’ve asked UC what they have been doing for the last six months. And if the night shift at UC pays well.

If they make a decision on 04/05/2022 that claimant was not entitled in assessment period 04/11/2021 to 03/12/2021, don’t they also have to determine entitlement for each of the subsequent assessment periods (ie do a closed period supersession only for that AP if claimant income then dropped for subsequent APs)?