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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Forcing client off old rules IS to claim tax credits - Help

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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Total Posts: 427

Joined: 28 June 2010

I have a very vulnerable client whose IS claim is old rules. Contained within her claim are adult and child dependency additions (this is what enables her to qualify for IS as she herself has IB + age addition).

Due to a serious of DWP errors on her claim it is now being managed off-line (clerically), in its current format (IB, ADI, CDI, IS) it cannot be managed on their computers because the software does not exist to enable them to add in the dependency additions.

DWP have notified me that they intend to re-build her claim on the computer (to make it easier for them to manage I guess) but in doing this she will no longer be getting the dependency additions and will need to move over to tax credits.

My client barely manages to deal with the IB forms so she does not want to do this and I have in the past threatened that Cl will seek Judicial Review if this goes ahead as Cl is still legally entitled to make the claims that she does (she should not be negatively impacted just to make life easier for JC+), question… someone mentioned that they have seen DWP guidance suggesting that claimants should not be forced to move to tax credits whilst the option of claiming via JC+ still exists has anyone heard/seen this or could point me in the right direction??

Any other suggestions gratefully received.
Thanks

Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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I don’t have enough knowledge to know whether the DWP can lawfully push your client onto another benefit but they certainly can’t make a decision on the basis that the computer system can’t cope - see para 26 of R(H) 5/09 where Judge Jacobs was, erm, less than sympathetic to LB Hackney in response to a suggestion the legislation couldn’t be followed due to limitations of the HB computer system.

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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Total Posts: 427

Joined: 28 June 2010

Thanks Kevin, that’s what I need ammo! If I can also find this guidance that is supposed to be floating about I will be a happier bunny.
Chaos