Another lobster pot query

Looking at the following link, I realise that it is not up to date due to the summer and autumn budget statements.  However, is the principle still the same?  At one point early last year there was concern that if someone stopped their UC claim, because the DWP keep it open for 6 months, the person would not be able to claim a legacy benefit in the meantime.  I understand the principle that it is important to time closing the claim carefully so as not to lose out on the UC, but can someone please confirm whether the person is definitely going to be able to apply for the legacy benefit straight away?  Thanks.  Here’s the link:
http://www.housingsystems.co.uk/SummarySheets/Briefing012015.aspx

Am I right in thinking that it’s got the period of the assessment period wrong? The AP runs from the first date of entitlement which might be after the 7 waiting days have expired rather than the date of claim.

Yes, this was written before the waiting days came in in August.  But the rest of it with regard to claiming legacy benefits, is that still valid until April at least?

Ruth, this was CPAG’s opinion at their summer conference last year - see ‘Opening the Gateway’ http://www.cpag.org.uk/welfare-rights-conference

I have since heard of one case from another adviser of someone getting back onto legacy benefits, after some to and fro with DWP.  Sorry no direct experience to add.

1) Live Service Lobster Pot escape

My understanding is that nothing has changed to prevent someone from withdrawing from UC, apart from for those whose UC award has ceased/been rejected because of increased earnings (6 month rule).

2) Digital Service Lobster Pot escape

I am far less clear about this. Could anyone clarify whether it might be possible to escape Digital Service UC back to legacy, and if so under what circumstances?

Thanks

Steve

I’m guessing here Steve - but I can’t see anyway you can return to legacy benefits if you remain living in a digital area because you won’t be able to submit a claim for legacy benefits. However if your can end your UC claim (subject to all the problems you might have as set out in the CPAG notes Sarah references) and then move to a live service area where you don’t meet the gateway then I guess you could.

We are just in the process of writing a detailed adviser guide for Revenuebenefits on the impact of UC on claiming tax credits.

My reading of the DWP guidance (the regs are less clear) is that it it is still possible to claim tax credits in a digital area if you are not entitled to UC. The provision that stops entitlement to tax credits doesn’t appear to do so by sole reference to postcode being in a digital area.

So the only way I can see that it is possible to go back to legacy benefits in a digital area is if you have a change that means you are no longer entitled to UC.

I am trying to get confirmation of this from HMRC (as I am looking at it from a tax credit perspective)

Victoria

‘No longer entitled’ presumably means a breach of the basic UC rules (for example you start to ‘receive education’ that is unexempted), rather than withdrawing.