Did I imagine it?

I’m going mad.

Claimant has been getting UC but entitlement ends due to earnings being too high.  A short while later the earnings cease or reduce - less than six months.  Received wisdom has it that they cannot make a claim for a legacy benefit within the six months but I am struggling to nail that in the Transitional Provisions Regs.  Does Reg 6(2)(d) cover it?  I guess it does.  Right?

I think that’s more about when a decision is still pending. Would it maybe be that reg 36 under the UC (claims and payment) regs means that a UC claim is indefinite and therefore the claim is still open - albeit having had a nil payment for a number of months - but they are now entitled to universal credit without a claim (reg 6 of the same regs) so therefore 6(2)(a) of the TP regs covers it?

Thanks Daphne.  I forgot, “entitled to” in DWP language includes people who are not entitled to benefit doesn’t it.  I suspect you are right that DWP would take the view that someone with earnings above nil UC threshold for less than six months remains “entitled to” UC.

Alternatively, I am looking at the current version of Reg 6 on legislation.gov.uk where they have a habit of displaying the digital service version even though that hardly applies to anyone.  The version of 6(2)(d) I am looking at only applies to people who are treated as having claimed without being required to claim.  Is that the normal version of 6(2)(d)?  If so I think it is triggered when the claimant’s earnings drop below the nil-UC threshold within six months.

I am relieved that no-one has replied and said “You what?  Cannot claim legacy benefits for six months?  Whatever gave you that impression?”  So at least I was right about that wasn’t I and I didn’t imagine it?

[BTW I think it is just about impossible to be potentially entitled to HB with earnings above the nil UC threshold - maybe a very high rent for temp acc that HB covers in full while UC slaps it down to LHA, but for 99% of claimants I think this use only arises at the point when the earnings dip below nil UC within six months].

Hi Peter, In case you’ve not already found it, I think what you’re after is 6(2)(ba)(i) which refers to 6(1) of the Claims and Payments Regs. (6(2)(ba)(i) was inserted in November 2015. (Latest PDF version:  http://www.legislation.gov.uk/uksi/2014/1230/pdfs/uksi_20141230_301115_en.pdf

Had just posted something and then read yours Ian - that does answer it I think…thank you

Phew, I didn’t imagine it!  Thanks Ian.

As to why legislation.gov.uk sees fit to display an out of date version as the current one and the current one as an old one ...

On the other hand - I’ve noticed that reg 6 of the Claims and Payments Regs has been revoked, altho’ only for cases in digital service areas (http://www.legislation.gov.uk/uksi/2014/2887/contents - reg 3). For cases affected by the digital service area provisions, the rules point to reg 26 of the Claims and Payments Regs and 21(3C) of the Universal Credit regs.

Must admit I’ve spent the last 10 minutes completely lost in all this and it’s notobvious to me that the 6 month claim waiver for earners will stil apply in digital service areas. May be gone some time.

Hasn’t the 6-month rule been put back a year in Full Digital areas, as per Delay in introduction of universal credit ‘surpluses and self-employed’ regulations?

Yes, sorry I lost the plot a bit but it’s finally dawned on me - it’s only under the transitional regs that people not on UC solely because of earnings don’t have to claim again in the next 6 months. The exclusion appears to end when the transitional regs are superseded by the digital service rules.