Advice please universal credit query

huckster

Just make sure your partner advises UC of a change in circumstances or closes the UC claim.

Failure to report a change can lead to serious consequences.

As for UC staff, you have to remember that UC is a new benefit. Most of the staff that deal with UC have only been dealing with it for less than a year. The guidance they follow would cover thousands of pages on all of the different subjects. The way DWP writes documents is not always clear. There are plenty of grey areas, between the black and white. Claimants can lead very complicated life's and trying to interprete guidance and exceptions when very busy can be very difficult. UC staff won't know much or anything about legacy benefit rules.

huckster

Icequeen99 wrote: »

You are talking about transitional protection for managed migration. I never mentioned that.

There is already transitional protection that was introduced when the 2 child limit was introduced.

The legislation is here http://www.legislation.gov.uk/uksi/2017/376/made

So it has all been agreed. Providing the children were all born before 6 April 2017 then she will get 3 child elements in UC under these regs. (I assume they must be as she is getting 3 elements in tax credits). After the interim period ends (now 31 Jan 2019) there is a set of transitional rules that protect people between TC and UC.

IQ

If a legacy benefit claimant moves to UC because of a change in circumstances they will currently only receive help for 2 children.

UC currently blocks people with 3 children or more from making new claims, because of this restriction.

This is why the OP has amended legacy benefits before UC Full service starts in the postcode area, so they don't lose out.

Early 2019, UC will be lifting this restriction on children, so people with 3 or more can make new claims. I suspect that for brand new claims the amount of money will still be restricted to up to 2 children rate. Those claimants subject to managed migration by DWP from existing legacy benefits to UC will receive the 2 year protection and receive relevant amount for number of children they have, so they don't lose out.

huckster

pmlindyloo wrote: »

Just throwing this into the mix!

Would this apply if they have to claim Universal Credit?

http://www.legislation.gov.uk/uksi/2017/376/regulation/3/made

OP, whereabouts do you live? Largish near town? You might need to do a bit of googling to find a welfare advisor. Have you got a large CAB with a welfare and benefits advisor?

Also see Alice's post (post 9) about CAB.

Not sure it applies as schedule 12 (6) seems to relate to 2 people who form a couple, who have both claimed UC or would be entitled to UC. At the moment the OP does not meet UC Full service criteria as they have 3 children and are prevented from applying for UC full service, if they answer the question on Gov.uk correctly.

Whether they can currently join the UC Live Service claim of their new partner, I am not sure and if they could whether they would get 3 children rate ? The OP could not obtain any answer from UC on this question.


Schedule 12 (6)

Continuation of existing exception in a subsequent award
6. An exception applies where—
(a) the claimant (“C”) is A’s step-parent;
(b) none of the exceptions under paragraphs 2 to 5 above apply;
(c) C has previously been entitled to an award of universal credit as a member of a couple jointly with a parent of A, in which an exception under paragraph 2, 3 or 5 above applied in relation to A;
(d) since that award terminated, each award of universal credit to which C has been entitled has been made—
(i) as a consequence of a previous award having ended when C ceased to be a member of a couple or became a member of a couple; or
(ii) in any other circumstances in which the assessment periods for that award begin on the same day of each month as the assessment periods for a previous award under regulation 21 (assessment periods); and
(e) where, in the award mentioned in sub-paragraph (c), an exception under paragraph 2 above applied in relation to A—
(i) C is responsible for one or more other children or qualifying young persons born as a result of the same pregnancy as A; and
(ii) A is not the first in the order of those children or qualifying young persons as determined under regulation 24B (order of children and qualifying young persons).”.

teabag29

huckster wrote: »

Just make sure your partner advises UC of a change in circumstances or closes the UC claim.

Failure to report a change can lead to serious consequences.

As for UC staff, you have to remember that UC is a new benefit. Most of the staff that deal with UC have only been dealing with it for less than a year. The guidance they follow would cover thousands of pages on all of the different subjects. The way DWP writes documents is not always clear. There are plenty of grey areas, between the black and white. Claimants can lead very complicated life's and trying to interprete guidance and exceptions when very busy can be very difficult. UC staff won't know much or anything about legacy benefit rules.

Yes he did that first before we rang tax credits

Icequeen99

huckster wrote: »

If a legacy benefit claimant moves to UC because of a change in circumstances they will currently only receive help for 2 children.

UC currently blocks people with 3 children or more from making new claims, because of this restriction.

This is why the OP has amended legacy benefits before UC Full service starts in the postcode area, so they don't lose out.

Early 2019, UC will be lifting this restriction on children, so people with 3 or more can make new claims. I suspect that for brand new claims the amount of money will still be restricted to up to 2 children rate. Those claimants subject to managed migration by DWP from existing legacy benefits to UC will receive the 2 year protection and receive relevant amount for number of children they have, so they don't lose out.

I'm sorry but you are incorrect. If a legacy benefit claimant has been claiming for 3 children that suggests the children were all born before 6 April 2017. If they claim UC now - they will get 3 child elements.

See http://www.legislation.gov.uk/uksi/2017/376/regulation/3/made Reg 40 (2)

This applies during the interim period up to 31 January 2019.

UC blocks claims because the IT isn't ready. And it doesn't block claims from everyone with 3 children, there are some exceptions as I said earlier. Most people with 3 or more children can't claim UC, but some have to as one of the exceptions apply.

After the interim period, UC will limit to 2 children in a stricter way than legacy benefits because it will include children born before 6 April 2017 (who are protected currently). However, those moving from legacy benefits will get a transitional protection - there is no 2 year limit on that, no idea where you got that from.

Please do read those regulations.

IQ