Natural Migration to Full Service Universal credit in a FSUC area

Oneman's scenario is not on the list!


x Always check HB is paid. If JSA is stopped rather than sanctioned HB may also stop. So claim HB on nil income but may be told to claim UC instead.

https://www.welfare-benefits-unit.org.uk/wp-content/uploads/2016/03/what_triggers_a_claim_for_universal_credit_in_a_full_service_area_1.pdf

All welfare advice is subject to change.

Further guidance:
If the DWP say a UC claim must be made, you may need to ask for the legal provision or guidance that supports that view.

https://www.newcastle.gov.uk/sites/default/files/wwwfileroot/benefits-and-council-tax/welfare-rights-and-money-advice/what_triggers_a_claim_for_universal_credit_in_a_full_service_area.pdf

Thanks ND, very useful info there.

Do you know what happens if, as I am still on old style JSA, I make a sickness claim of 14 days as I am entitled to on JSA, but my district is full service UC, would that now count as a change of circumstances and move me to UC?

ABC wrote:Thanks ND, very useful info there.

Do you know what happens if, as I am still on old style JSA, I make a sickness claim of 14 days as I am entitled to on JSA, but my district is full service UC, would that now count as a change of circumstances and move me to UC?

Sorry for the delayed reply ABC.

I have scoured the internet and cannot find any guidance relating to a JSA28 being a change of circumstances that triggers  a claim to UC in a Full Service area.

There is a FOI on the WDTK site checking this out.
https://www.whatdotheyknow.com/request/old_style_jsa_to_universal_credi#incoming-1249735

Revised September 2018

Natural migration
3. Subject to some exceptions, claimants in a UCFS area cannot make new claims to any benefit that UC is replacing. These benefits are:

income-based Jobseeker’s Allowance (JSA(IB))
income-related Employment and Support Allowance (ESA(IR))
HB
Income Support (IS)
Child Tax Credit (CTC)
Working Tax Credit (WTC)

4. If a legacy benefit claimant in a UCFS area has a change of circumstances that means they would have to make a new claim to one of those benefits or tax credits they will not be able to do so and must make a claim for UC.

5. The exceptions to these are:

where a claimant has 3 or more children they should claim legacy benefits and tax credits up to 31 January 2019
where a claimant is already in receipt of legacy benefits and needs help with their housing costs because they are in, or have moved to, specified or temporary accommodation, they must apply for HB for support with housing costs
where the same claimant is not receiving legacy benefits or needs to make a new claim for help with daily living costs, they must claim UC alongside HB
UC claimants living in specified accommodation or temporary accommodation will be treated as having an underlying entitlement to UC housing costs to ensure they remain able to apply for Discretionary Housing Payments (DHP) should they require additional assistance for any gap in housing costs supporthttps://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2018/a72018-universal-credit-full-service-areas-guidance-for-local-authorities#natural-migration

Non Deficere wrote:I have scoured the internet and cannot find any guidance relating to a JSA28 being a change of circumstances that triggers  a claim to UC in a Full Service area.

There is a FOI on the WDTK site checking this out.
https://www.whatdotheyknow.com/request/old_style_jsa_to_universal_credi#incoming-1249735

Like many replies from the DWP FoI team this one is also vague and non-committal. It doesn't confirm that use of a JSA28 would automatically trigger a transfer to UC but the information supplied doesn't explicitly confirm that it won't either. I imagine if I put in a further FoI request for clarification I'd just get the same response.

ABC wrote:

Non Deficere wrote:I have scoured the internet and cannot find any guidance relating to a JSA28 being a change of circumstances that triggers  a claim to UC in a Full Service area.

There is a FOI on the WDTK site checking this out.
https://www.whatdotheyknow.com/request/old_style_jsa_to_universal_credi#incoming-1249735

Like many replies from the DWP FoI team this one is also vague and non-committal. It doesn't confirm that use of a JSA28 would automatically trigger a transfer to UC but the information supplied doesn't explicitly confirm that it won't either. I imagine if I put in a further FoI request for clarification I'd just get the same response.

I feel confident advising you that a JSA28 does not trigger an automatic claim to UC.

Non Deficere wrote:Oneman's scenario is not on the list!
https://www.newcastle.gov.uk/sites/default/files/wwwfileroot/benefits-and-council-tax/welfare-rights-and-money-advice/what_triggers_a_claim_for_universal_credit_in_a_full_service_area.pdf

So jury service will trigger a natural migration to UC for thoseon IB JSA according to the above link.

https://www.gov.uk/jury-service/delaying-or-being-excused-from-jury-service

You may be able to delay (‘defer’) jury service, for example if:

   you’ve already booked a holiday
   you’re having an operation
   your employer will not give you time off work

I wonder if being migrated over to UC would be good reason to request a deferment.

dboy wrote:

Non Deficere wrote:Oneman's scenario is not on the list!
https://www.newcastle.gov.uk/sites/default/files/wwwfileroot/benefits-and-council-tax/welfare-rights-and-money-advice/what_triggers_a_claim_for_universal_credit_in_a_full_service_area.pdf

So jury service will trigger a natural migration to UC for thoseon IB JSA according to the above link.

https://www.gov.uk/jury-service/delaying-or-being-excused-from-jury-service

You may be able to delay (‘defer’) jury service, for example if:

   you’ve already booked a holiday
   you’re having an operation
   your employer will not give you time off work

I wonder if being migrated over to UC would be good reason to request a deferment.

Hardship could be a good reason.

Other ideas:
https://uk.askmen.com/money/how_to_60/98_how_to.html

Example letter:
http://www.letterexpert.co.uk/letter-requesting-exemption-from-jury-duty.html

What the court considers:
Guidance for summoning officers when considering deferral and excusal applications

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/228867/9780108508400.pdf