UC gateway

Hi all

UC claimant forms relationship with single mum.  They switch to couple claim for UC.

He starts work, no entitlement to UC.  He is within 6 months of having started.

Can they claim legacy benefit?  There are 2 changes of circs.  High earnings would not take them out of UC gateway.  Would the existence of another way out of the gateway mean they can claim legacy benefit even though they are within 6 months of coming off UC due to high earnings?  Has anyone had any cases like this?

End of the day, not thinking clearly but I found this which may cause problems - http://www.rightsnet.org.uk/welfare-rights/news/item/changes-to-universal-credit-transitional-provisions2

In ADM Memo 18/15, the DWP advises decision makers on the Universal Credit (Transitional Provisions) (Amendment) Regulations 2015 (SI.No.1780/2015) which, from 16 November 2015, amend the Universal Credit (Transitional Provisions) Regulations 2014 (the 2014 regulations) so that where a claimant -

has been awarded universal credit and their earnings have reduced their universal credit award to nil; or
has made a claim for universal credit, but are not entitled to an award because of the level of their earned income; and
enters a six month ‘re-award’ period, during which universal credit may be awarded without a further claim if their earnings drop or there is an other change of circumstances that would make universal credit payable;
- they will be added to the definition of a ‘universal credit claimant’ contained in regulation 6(2) of the 2014 regulations, and may not make a claim for income support, housing benefit or tax credits.

The DWP also advises on transitional provisions allowing a claimant affected by the amendments to make a claim for income support, and make a claim, correct, or complete a claim for housing benefit, after 16 November 2015 if notification of intention to claim was given, or the claim was made, before that date.

NB - the amendments only affect claimants in universal credit areas other than digital service areas.

ADM Memo 18/15 is available from gov.uk

Looks clear to me Andrew! thanks