Jun 022019
 

These regulations don’t apply if you use CAB (help to claim service) you must claim either from home, DWP officers help at home, or JCP office. this means you will get maximum backdating of your claim.

‘Reg10 (1) (b) of the UC C&P regs says that the date of the claim can be the date that the claimant notified DWP of their intention to make the claim provided that the actual claim is made electronically by DWP themselves or by ‘a person providing services to the Secretary of State which is provided for the purpose of enabling that person to make a claim’.

UC reg 10 (1) b

Claimants who seek help from Citizens Advice to make a claim for universal credit (UC) risk losing out because their date of claim will not be protected due to yet another DWP blunder in their contract with CABs.

Many people who claim UC struggle with the process and need support.

Until 31 March this support was provided by local authorities, often through libraries. People who went to their local library for help would have their UC claim dated from the day they first went for support, even if all the necessary information was not provided until a later date.
However, under the contract negotiated between Citizens Advice and the DWP, the claim is only dated from the day it is received by the DWP.
Claimants who are unable to provide all the necessary information on the day can still have their date of claim protected, but only if they make a separate trip to a Jobcentre to do so.

These regulations don’t apply if you use CAB (help to claim service) you must claim either from home, DWP officers help at home, or JCP office. this means you will get maximum backdating of your claim.

‘Reg10 (1) (b) of the UC C&P regs says that the date of the claim can be the date that the claimant notified DWP of their intention to make the claim provided that the actual claim is made electronically by DWP themselves or by ‘a person providing services to the Secretary of State which is provided for the purpose of enabling that person to make a claim’.

UC reg 10 (1) b

The rules (reg 10 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance Claims and Payments Regulations 2013) say:

10.—(1) Where a claim for universal credit is made, the date on which the claim is made is—

(a) subject to sub-paragraph (b), in the case of a claim made by means of an electronic communication in accordance with regulation 8(1), the date on which the claim is received at an appropriate office;

(b) in the case of a claim made by means of an electronic communication in accordance with regulation 8(1), where the claimant receives assistance at home or at an appropriate office from the Secretary of State, or a person providing services to the Secretary of State, which is provided for the purpose of enabling that person to make a claim, the date of first notification of a need for such assistance;

(c) subject to sub-paragraph (d), in the case of a claim made by telephone in accordance with regulation 8(2), the date on which that claim is properly completed in accordance with regulation 8(4); or

(d) where the Secretary of State is unable to accept a claim made by telephone in accordance with regulation 8(2) on the date of first notification of intention to make the claim, the date of first notification, provided a claim properly completed in accordance with regulation 8(4) is made within one month of that date,

or the first day in respect of which the claim is made if later than the above.

Para b is the relevant paragraph, and applies where someone gets assistance 1) at home or 2) in an appropriate office.

2)Appropriate office is defined in reg 2 as

“appropriate office” means—

(a) an office of the Department for Work and Pensions or any other place designated by the Secretary of State in relation to any case or class of case as a place to, or at which, any claim, notice, document, evidence or other information may be sent, delivered or received for the purposes of these Regulations and includes a postal address specified by the Secretary of State for that purpose; or

(b) in the case of a person who is authorized or required by these Regulations to use an electronic communication for any purpose, an address to which such communications may be sent in accordance with Schedule 2;

Therefore unless a CAB office is designated by DWP as an appropriate office, para b cannot apply if the help to claim was provided in the CAB office.

Source Rightsnet

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 Posted by at 19:26

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