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Opting to claim UCFS
Can someone opt to claim UCFS without there having been a change of circs that would trigger them to migrate on to UCFS? For example if someone just on JSA and lodging for free with family knew they were going to start having housing costs in 3 1/2 weeks time could they opt to claim UCFS now and then notify of housing costs in 3 1/2 weeks time and then get housing costs paid for the full monthly assessment period?
There is no such thing as a “change of circs that would trigger them to migrate on to UCFS” as such.
If you are living in a full service area (and don’t have 3 kids etc etc) then you can always claim UC - what you can’t do is claim legacy benefits.
In the situation you have set out there, I don’t see why your client couldn’t opt to claim UC early to take that windfall.
Yes, although persuading DWP that they can has proved difficult in some cases. But the legal position is that no-one has to wait for any kind of trigger event before claiming UC - you can claim UC any time you like. Even if the person you mention was not expecting housing costs to start they could simply decide they prefer to be on UC rather than JSA.
There is no such thing as a “change of circs that would trigger them to migrate on to UCFS” as such.
Apologies if I am misunderstanding you, but there are changes that would trigger a UC claim aren’t there? Moving in to a UCFS area, increase of working hours, a couple separates etc.
Triggers are not set out in law (not in statute anyway, and I’m not aware of any case law on this).
The legal position is that if someone lives in a UCFS are and meets the eligibility criteria, they can chose to claim UC whenever they want.
Triggers are a feature of practical reality. They are changes of circs which effectively force someone to claim UC as they have lost LB entitlement.
Cool, makes sense. I presumed that is what JoW was referring to but maybe not
Yes, although persuading DWP that they can has proved difficult in some cases. But the legal position is that no-one has to wait for any kind of trigger event before claiming UC - you can claim UC any time you like. Even if the person you mention was not expecting housing costs to start they could simply decide they prefer to be on UC rather than JSA.
Thanks :)
I had a couple of tenants recently who had heard about UCFS and thought they had to claim it, so went ahead and did so.
They had no difficulty claiming.