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Reverting back to IBJSA
Hi
We have a client who is pregnant, and was in receipt of IBJSA, and then moved to full UC area, however she is now due to move again, back to this area, and she will not meet the gateway conditions for UC any longer, if she was making a new claim.
Is there anyway our client can reclaim IBJSA, this will also be beneficial when the child is born as she will get slightly more benefit from IBJSA and CTC
If she can reclaim IBJSA, I am also aware that the timing of ending the UC claim is vitally important
Any advice, ideas, hints or tips on the above would be warmly welcomed
Cheers and thanks in advance
It would seem that the client is stuck on UC - the following is taken from a guide to UC - clarification would be appreciated
No, if you claim Universal Credit whilst you are waiting for your mandatory consideration
request to be considered, you will not be able to go back to ESA even if your request is
successful or you win your appeal. You cannot claim JSA, or ESA on the basis that your condition
has got worse. If you try to they will be treated as a claim for Universal Credit.
That is not entirely correct as I understand it.
Having moved back to a live service area, any new claims she makes will be treated under live service rules. Even in full service, UC only commences (and ESA(ir) and JSA(ib) are only abolished) for the purpose of the UC claim that triggered the commencement and any award arising from it. Once there is no longer a pending claim or live award you are back to a clean slate, subject to a couple of exceptions that don’t apply here (separating couples and people whose earnings knock them out of UC briefly).
For the time being she still has to get past the obstacle of having a current live award of UC, which blocks any claim to IS, ESA, HB or Tax Credits. So she will have to execute a carefully timed relinquishment of her UC award. But after that, I would say she is back to live service square one, unless I have overlooked something.
This has been raised at various times in the forum in the context of the live service - but same principle should apply to a full service area UC claimant who moves to live service area. Think that guidance you quote, doesn’t contemplate situation where client has withdrawn UC claim. Timing will be key as you say in giving up UC to minimise losses from last assessment period but also client needs to be prepared for any possible delays / failure by DWP or LA to go along with her plans.
Stuart,
Many thanks
Mr Anorak,
Many thanks