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Should stop notice have been issued?

LucyH20
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Northumberland County Council Welfare Rights

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Hi all bit of a head scratch moment here - wondering if I have missed anything.

Cl decided to make a claim for UC 18/7/24 (not because of a migration notice)- Income consists of CBESA and IRESA totalling £159.05pw.  (no SDP because PIP DL not in payment but being challenged and I expect SDP to be retrospectively applied once PIP situation is sorted ).

Client then decided to cancel the claim on 30/8 before ID verification  

Client then told me what they had done and I fully expected the IRESA to end after the run on. Payment dates are a Thursday - last payment was Thursday 8th Aug and the amount was unchanged. Client has since spoken to ESA after last payment of ESA, both IRESA and CBESA in payment and active.

To make absolutely sure, I spoke to the Partnership Manager on 15/8 who confirmed IRESA had not ended and claim for UC was defective because ID verification did not take place.

It is my understanding the STOP notice was issued at point of pressing submit regardless of ID verification. Is there a chance further down the line it will be decided ESA should have stopped and an overpayment issued?

Kelly
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I thought the same as you - once DWP is satisfied that section 4(1) basic conditions are met, a stop notice is issued.

Had plenty UC claims which were refused post-stop notice and after legacy benefits were terminated…

I wonder if the process has changed?

LucyH20
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Northumberland County Council Welfare Rights

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Kelly - 19 August 2024 03:31 PM

I thought the same as you - once DWP is satisfied that section 4(1) basic conditions are met, a stop notice is issued.

Had plenty UC claims which were refused post-stop notice and after legacy benefits were terminated…

I wonder if the process has changed?

Thanks for responding. No idea if its changed, I cannot find anything. Not sure where to go with this in case we are risking an overpayment of IRESA especially when the SDP is sorted. I was hoping someone on here might have the magic answer.

I cant see how the IRESA is still in payment, even if she had received migration notice, the run on should still apply. Otherwise you would just get people to push back their ID verification appointment back towards the end of the first AP and let them receive their legacy benefits in the meantime!

UB40
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Debt and Welfare Advice, Community Money Advice, Launceston

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The UC claim is considered to have been legitimately made prior to official ID verification, once the online data gather has been completed.
” Electronic claims for UC are considered properly made when completed in accordance with the instructions on the electronic claims system (regulation 8(3) of the Universal Credit (etc.) (Claims and Payments) Regulations 2013”

LucyH20
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Northumberland County Council Welfare Rights

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UB40 - 19 August 2024 04:37 PM

The UC claim is considered to have been legitimately made prior to official ID verification, once the online data gather has been completed.
” Electronic claims for UC are considered properly made when completed in accordance with the instructions on the electronic claims system (regulation 8(3) of the Universal Credit (etc.) (Claims and Payments) Regulations 2013”

I agree, so no idea why this one hasn’t stopped, presumably its all automatic!