We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

UC claim closure - can you reapply AND appeal?

stupidaspie
stupidaspie Posts: 124 Forumite
Third Anniversary 10 Posts
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?
«1

Comments

  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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
    Third Anniversary 10 Posts
    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
    Part of the Furniture 10,000 Posts Name Dropper
    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
    Third Anniversary 10 Posts
    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
    Part of the Furniture 10,000 Posts Name Dropper
    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
    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
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 December 2019 at 5:24PM
    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
    Third Anniversary 10 Posts
    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
    Part of the Furniture 10,000 Posts Name Dropper
    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
    Third Anniversary 10 Posts
    edited 6 December 2019 at 7:51PM
    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?
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.2K Spending & Discounts
  • 247K Work, Benefits & Business
  • 603.6K Mortgages, Homes & Bills
  • 178.3K Life & Family
  • 261.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.
Update Your Picture