UC claim closure - can you reapply AND appeal?

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stupidaspie
stupidaspie Posts: 124 Forumite
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in Benefits & tax credits
If your UC claim is closed and you think there may be grounds for appeal, can you reapply and then submit an MR on the decision about the old claim?
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  • calcotti
    calcotti Posts: 15,696 Forumite
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    Can you tell us why the claim was closed?
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • stupidaspie
    stupidaspie Posts: 124 Forumite
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    Employers were supposed to pay money in a settlement but it came as a payslip, taking the claimant over the monthly income threshold.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    If the claimant has earnings within the assessment period they are taken into account. If this results in a nil UC entitlement the claim will be closed. If the claimant logs in to their online journal they will be able to make a rapid reclaim and the UC entitlement will be calculated again at the end of the next assessment period.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • stupidaspie
    stupidaspie Posts: 124 Forumite
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    So it doesn't matter that the money wasn't a wage?



    The claim was closed today so can they make a rapid reclaim, and is the procedure different to the normal claim procedure?


    Thanks
  • calcotti
    calcotti Posts: 15,696 Forumite
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    stupidaspie wrote: »
    So it doesn't matter that the money wasn't a wage?

    The claim was closed today so can they make a rapid reclaim, and is the procedure different to the normal claim procedure?

    Thanks
    Yes the process is different. As mentioned in my previous post they should log in to their journal. They should see a reclaim button which they can click on to reactivate the claim. They will then need to reconfirm a few details to make the claim live again.

    If the money is from employment it is generally treated as earnings and falls to be taken into account (with a few exceptions).
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
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    in a settlement

    In a settlement for what? Loss of job. Breach of contract? Injury? Discrimination etc ....
    If the money is from employment it is generally treated as earnings and falls to be taken into account (with a few exceptions).

    So why is as important as what. How much was it anyway and if combined as savings, what does the figure look like.

    Money will either be income or capital.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 6 December 2019 at 6:24PM
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    Full information on what is earned income is here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/767105/admh3.pdf

    One of the exceptions would be a redundancy payment which would fall to be treated as capital rather than earnings (see paragraph H3119)

    If the payment is a settlement payment for an agreed termination of employment I think this would be earnings although some of the rules appear to be bound up with whether the payments are taxable income or are exempt so I’m not clear on this because I don’t know enough about tax law.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • stupidaspie
    stupidaspie Posts: 124 Forumite
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    When logged into the account, there is a button saying 'Make a new claim'. Is that the right one? And presume it's best to reapply today?
  • calcotti
    calcotti Posts: 15,696 Forumite
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    stupidaspie wrote: »
    When logged into the account, there is a button saying 'Make a new claim'. Is that the right one? And presume it's best to reapply today?
    That’s the one. As long as you do it before the end of the assessment period it doesn’t matter when it is done - but there is no point in delaying. I believe it’s straightforward, perhaps you could let us know.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • stupidaspie
    stupidaspie Posts: 124 Forumite
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    edited 6 December 2019 at 8:51PM
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    Thanks for that, Calcotti.


    The assessment periods seem to run from the 6th to the 5th so looks like they can reapply today?


    And I'm not sure there are grounds for appeal, but does reapplying now mean they won't be able to?
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