UC, new partner joint claim

sar2them

So, I work full time with 2 children and 3 years ago after my ex moved out I started claiming UC to top up my income. The amount was small but came in handy.

I have now moved in with my new partner, who is a successful business man who does not claim any benefits. 

I no longer wish or need to claim UC. I tried to report change in my circumstances but it was asking me to make a new joint claim with my partner which I didn't wish to do. I no longer need the assistance and our combined income takes us way over the threshold anyway. 

I spoke to CAB who advised I did not need take a joint claim and that I could simply record on my journal that I wish for the claim to be closed.

I have done this however DWP are saying that I need to provide my new partners details, make a joint claim and the claim will be closed after 6 months of nil payments.

It seems absurd for me  and a waste of time, having to go to those lengths to make a joint claim for a benefit which I dont want or need, won't be entitled to and for it to close after 6 months. Not to mention it is embarrassing having to ask my partner to register with DWP for benefits, when he has never done so before, purely because I was in receipt of UC when I met him.

Any thoughts or similar experiences would be much appreciated

calcotti

I’m sure that what you have been told is wrong and have been looking for something to confirm this - but haven’t found it yet.

On the other hand you have told them you have a partner,  if your partner doesn’t claim what are they going to do? Presumably they will suspend payment which is the outcome you want anyway.

sar2them

Thank you, so would you suggest I report it as a change of circumstance, provide his details but then he doesn't complete his sign up? I did consider that as an option

calcotti

sar2them said:

Thank you, so would you suggest I report it as a change of circumstance, provide his details but then he doesn't complete his sign up? I did consider that as an option

It seems one way that might achieve the desired outcome. I will continue to see if I can find anything about cancelling a claim.

sar2them

Thank you!

Spoonie_Turtle

From my UC page (under 'how to manage your claim'):

"If you decide you want to stop your claim for Universal Credit, tell us by leaving a message in your journal or contact us by phone."

So CAB are correct and DWP apparently are incapable of following their own instructions (as if any of us are surprised ... !)

sar2them

Yes, exactly! The CAB referred me to that! I always thought coming off benefits was the main goal of the whole system but apparently not!

calcotti

sar2them said:

Yes, exactly! The CAB referred me to that! I always thought coming off benefits was the main goal of the whole system but apparently not!

Perhaps you should quote that back at them in your journal request to close claim.

tomtom256

It can just be closed, as long as you have requested this in writing on your journal.

Ask them to check the claim closure powerpoint in the coronavirus section of UC Learning, specifically the bit that states ".customer requests claim to be closed" or words to that affect.

They cannot force you to keep the claim open.

Alice_Holt

Spoonie_Turtle said:

From my UC page (under 'how to manage your claim'):

"If you decide you want to stop your claim for Universal Credit, tell us by leaving a message in your journal or contact us by phone."

So CAB are correct and DWP apparently are incapable of following their own instructions (as if any of us are surprised ... !)

      If the OP is so minded, I do wonder if a complaint letter to UC,  cc'd to her MP could be worth doing?

      MP's should be made aware of current DWP inefficiencies / inaccuracies / inability to follow their own guidance.  


       

calcotti

This is what I was looking for, from DWP Advice to Decision Makers
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/968051/adma4-10-03-21.pdf

A4120 A claimant may decide that they do not want entitlement to benefit to continue for example where the amount of benefit is small. The request should be treated as an application for supersession.

A4122 The DM should investigate to ensure that the claimant’s relinquishment is a genuine statement of intention, and the consequences explained where appropriate.

A4123 A request to surrender benefit might not be effective where
1. the claimant is vulnerable or incapable of deciding their affairs and there is no appointee or
2. the withdrawal is made as a result of threatening or overbearing behaviour, deception or similar improper behaviour.

A4124 Where the DM is not satisfied that the claimant
1. made the request freely and
2. is capable of fully understanding the implications
the request should be refused. The DM should make a decision that the awarding decision is not superseded (see A4017 - A4019).

A4125 Where
1. the claimant has been advised of the consequences and
2. the request is genuine and
3. A4123 does not apply
the DM should end entitlement accordingly.

Quote that to them to.