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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

What might trigger a transfer to UC in a digital area?

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WillH
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Locum adviser - CPAG in Scotland

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I had clients in this position -  a mixed age couple in a full service area. I think they can choose to claim PC but could claim UC if they wanted to (UC regs, reg 3(2)(a) says a mixed age couple ‘may be’ entitled to UC, softening the requirements in section 4 of WRA 2012 - it doesn’t say they are treated as entitled to it).

The commencement orders prevent claims for ibJSA and irESA (by abolishing them in circumstances where someone can claim UC), and separately preventing claims for HB, tax credits and IS where someone would be able to claim UC. But none of the commencement orders (including those for full service areas) do this for PC.

I think para 64 of Sched 2 of WRA 2012 is not in force anywhere as yet (this prescribes that both members of a couple must be of PC age to claim PC), and so as long as a mixed age couple don’t claim UC, they can claim PC.  I’ve had a look through the no 9 commencement order (both in consolidated form & its many amendments) and I can’t see that para 64 has yet been brought into force anywhere.

If a mixed age couple did claim UC then they would be prevented from claiming PC by reg 5 of the UC(TP) Regs. Some couples are also treated as claiming UC (where a UC claimant moves in with someone of PC age). But that doesn’t stop them, as far as I can see, stopping the UC claim and claiming PC instead.

[ Edited: 23 May 2016 at 10:38 am by WillH ]
Jon Blackwell
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Programmer - Lisson Grove Benefits Program, Brighton

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I think you’re right: they can opt for PC - and they can also claim HB and tax credits if relevant (see: http://www.rightsnet.org.uk/forums/viewreply/42104/ ).

Glenys
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Housing Systems, Leeds

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Ideas please…JSA ‘Joint-claim couple’ separate - would both normally need to make a new JSA claim (and therefore a UC claim is triggered for each person) or would one member keep the ‘Joint claim’ which would be superseded - ie made into a single person claim?? If anyone knows which regulation would apply, please point me in the right direction!
thanks

Chrissum
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WRAMAS, Bristol City Council

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Okay - trying to get to grips with the triggers and my head is spinning. Am I right in thinking that if the change in circumstances would not usually result in a new claim having to be made, the claimant can remain on legacy benefits?
Just to clarify, the situation I have in mind is someone currently in receipt of IR ESA and HB who moves into owner occupied accommodation (no mortgage attached) so terminates his HB claim. As there is no “new” HB or ESA claim required, as I understand it, this would not trigger a UC claim even if he moves from one LA to another. I’ve searched high an low but can’t find a definitive answer to this. Any ideas?
Apologies if this is the wrong thread but obviously for digital please read full service.
Thanks.

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Hi - yes, assuming no new claims for means tested benefits are made, I would say that this person remains on legacy benefits. It’s the new means-tested claim that brings the house down, so to speak.

Welfare Rights Adviser
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Social inclusion unit - Swansea Council

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Chrissum - 14 June 2018 04:18 PM

Okay - trying to get to grips with the triggers and my head is spinning. Am I right in thinking that if the change in circumstances would not usually result in a new claim having to be made, the claimant can remain on legacy benefits?
Just to clarify, the situation I have in mind is someone currently in receipt of IR ESA and HB who moves into owner occupied accommodation (no mortgage attached) so terminates his HB claim. As there is no “new” HB or ESA claim required, as I understand it, this would not trigger a UC claim even if he moves from one LA to another. I’ve searched high an low but can’t find a definitive answer to this. Any ideas?
Apologies if this is the wrong thread but obviously for digital please read full service.
Thanks.

Give this a go - can’t guarantee though that hb/dwp/jc+ etc will always agree

https://www.welfare-benefits-unit.org.uk/wp-content/uploads/2016/03/What-triggers-a-claim-for-Universal-Credit-in-a-full-service-area.pdf

Chrissum
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WRAMAS, Bristol City Council

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Many thanks for that folks. I have a similar chart, but it didn’t cover this particular situation.

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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I like to look at it this way: full service UC gives most working age people the right to claim UC, if they want.  There is only one person who gets to decide whether and when that will happen: the claimant.

Certain life changes will make it very likely that the claimant will take up his/her right to make a new claim for UC - in many cases it would be daft not to.  But there is no event in itself that legally compels a person to claim UC.

What they cannot do is make a new claim for any other means tested benefit, which does rather restrict the options you have when you need some money: the choice is to claim UC or make do without it, which in a lot of cases is neither viable nor advisable.

In the case of the HB claimant moving to owner-occupied accommodation (we will draw a veil over how it’s being paid for), there is nothing that will make him/her choose to claim UC if s/he doesn’t want to, and therefore nothing to disturb the ESA award.

Chrissum
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WRAMAS, Bristol City Council

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Thanks HBA. Just for the cake of clarity and to avoid the mystery, the claimant’s current housing situation is a bit grim so his father has offered to buy him a small house / flat so no capital or deprivation of such from his point of view and also no mortgage to meet on an ongoing basis. Happy days, so to speak!