Gateway conditions

A client who tried to claim JSA online was “kicked off” and told to claim UC. We think he meets the gateway conditions. He says he was also unable to make the UC claim online.. Whilst I’m not convinced he answered the gateway questions correctly online, he was then allowed to make a clerical JSA claim at a local jobcentre because according to them “you can’t get UC if you’re challenging a PIP decision”.

I don’t think this is correct but I’m now doubting myself. Are they right?

My understanding is that you don’t fit the Gateway if you are entitled to or awaiting a decision on PIP. Welcome to a new, simpler system, folks.

Challenging a PIP decision is not one of the Gateway “must not” bullet points in p21/22 of CPAG preventing a UC claim

The UC online form asks -‘Do you get Disability Living Allowance (DLA) or Personal Independence Payment?
Answer `Yes` even if you have a zero award.’ (sic)

It doesn’t mention PIP in the list of benefits when it asks ‘Are you challenging or appealing against a decision to not pay you one of these benefits or tax credits?

. I don’t think a PIP challenge as such rules a person out.

Interestingly the online form also doesn’t appear to ask if you are awaiting a decision on PIP. It only asks about
• Employment and Support Allowance
• Jobseeker’s Allowance
• Income Support
• Working Tax Credit
• Housing Benefit
• Child Tax Credit

...could it be that the whole system is, erm, a bit rubbish???

A bit rubbish? I couldn’t possibly comment..

I think it is only if the claimant is challenging an ESA/IS/JSA decision that the gateway closes. I’ve checked the regs and I think that is what they say and the ADM guidance is the same.

Schedule 5 of SI 2013/983 (C. 41) applies.

Section 3(1)(f) clearly about client being “entitled” to PIP, whereas further provisions below regarding outstanding appeals or claims are limited to benefits covered by sub-para’s 3(1)(a)-(c) only (IS, JSA, ESA) or tax credits or HB.

Thanks Paul. I’ll be interested to see if his JSA claim proceeds.