Moving claimants of UC in live service areas to full service once the area they live in becomes full service

Department for Work and Pensions (DWP)
Central Freedom of Information Team

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxx.xxx.xx

Our reference: FOI2018/04653

Date: 29 October 2018


Dear Martin Williams

Thank you for your Freedom of Information request received on 26
September. You asked:

We understand that when a claimant has an award of universal credit made
further to a claim they submitted whilst residing in an area that was part of the
"live service" for universal credit and the area in which they reside becomes
part of the "full service" then their awards are moved across to being
administered as part of the full service.

We understand that the approach taken appears to be that such claimants are
asked to make a claim for universal credit under the full service and if they do
not then their existing award of universal credit is closed.

1. Please explain the legal basis for such a closure decision.

2. Please release any advice to decision makers and/or operational guidance
concerning the process and procedures to be followed when a claimant living
in a full service area who had claimed under the live service rules is
transferred to the full service.

Please also note that I am aware of the guidance which is publicly available
here http://data.parliament.uk/DepositedPapers/Files/DEP2017-
0556/112_Transfer_from_Live_Service_to_Full_Service_WC_v8.0.pdf

That therefore does not need to be provided.

However, I do require any other guidance or operational instructions about
this topic and also copies of UC492 UC500 leaflets/letters.


DWP Response:

For part 1 of your request, the Freedom of Information Act gives you a legal
right of access to any recorded information held by a public authority. We do
not have to provide opinions or explanations, generate answers to questions,
or create or obtain information we do not hold.

If you ask a question, rather than requesting recorded information, we will
provide you with the recorded information that best answers the question.
Once we have provided the recorded information, we have met our
obligations under the Act.

As we do not hold recorded information that answers your question, we are
unable to process your request. Interpreting any information provided is
beyond our obligation. However, you may find the following links helpful:

‘The Universal Credit, Personal Independence Payment, Jobseeker’s Allow-
ance and Employment and Support Allowance (Claims & Payments Regula-
tions 2013):

http://www.legislation.gov.uk/uksi/2013/380/pdfs/uksi_20130380_300916_en.pdf

‘The Universal Credit, Personal Independence Payment, Jobseeker’s Allow-
ance and Employment and Support Allowance (Decisions and Appeals Regu-
lations 2013):

http://www.legislation.gov.uk/uksi/2013/381/pdfs/uksi_20130381_301114_en.pdf

‘Advice for Decision Makers, chapter A2: Claims’, A2118– A2121:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_dat
a/file/602462/adma2.pdf

For part 2 please find attached:

‘Considering suspension/termination due to non-compliance with the transfer
process guidance’, letter UC492 and leaflet UC500.

If you have any queries about this letter please contact me quoting the
reference number above.


Yours sincerely,


DWP Central FoI Team