UC Migration: DWP incorrectly terminates legacy benefit and client claims UC in full service area - cannot go back onto legacy even though it was DWP mistake

https://www.rightsnet.org.uk/forums/viewthread/11362

The way I read it that is correct: while the ending of the JSA award might or might not have been correct, there is no getting away from the fact that the commencement of UC was perfectly correct: in a full service area anyone can make the switch to UC at any time and, in the instant they claim UC, they cause JSA(ib) to cease to exist for the purpose of the UC claim and any award arising from it.  I cannot see a way for UC to “uncommence” with retrospective effect.

Wrong advice leading to tenants losing legacy claims!

Due to the complexity of the process, it's not surprising to hear many people are being wrongly advised by councils, DWP and, sometimes, their landlords, to claim Universal Credit when, in fact, their particular change in circumstances, should have merited the continuation of their exisiting "legacy" claim. However, once UC is claimed, even in error, DWP prompts an automatic "Stop Notice" to the legacy claim and there is no going back. As a result, some tenants have lost substatial amounts of entitlement with no form of protection available, other than Discretionary Housing Payments.

So, in order to avoid situations like this, DWP recently issued a circular explaining when a UC claim would and would not be required. You can find the details below:

https://universalcreditadvice.com/private-landlords/2018/10/wrong-advice-leading-to-tenants-losing-legacy-claims

Upper Tribunal confirms that making a claim for universal credit (UC) in itself will trigger a transfer to the UC universal credit system – even if the claimant later withdraws the UC claim

In Her Majesty’s Revenue and Customs v LD (TC): [2018] UKUT 306 (AAC), Judge Jacobs, 18 September 2018, the Upper Tribunal considered the rules governing the transition from tax credits to universal credit (UC) in a case where the claimant made a claim for UC by mistake.

The transition from tax credits to UC is governed by regulation 8(1) of the Universal Credit (Transitional Provisions) Regulations 2014 (SI No 1230). This provides that two conditions need to be satisfied for the rule to apply. First, a claim for UC has been made. Secondly, the Secretary of State is satisfied that the claimant met the ‘basic conditions’ for UC at s.4(1)(a)-(d) of the Welfare Reform Act 2012. These provide

https://www.gardencourtchambers.co.uk/socialwelfare/upper-tribunal-confirms-that-making-a-claim-for-universal-credit-in-itself-will-trigger-a-transfer-to-the-universal-credit-system-even-if-the-claimant-later-withdraws-the-uc-claim/