claiming UC if potentially entitled to it

I should know this but I don’t!  Where you have a situation where a couple are currently above the basic UC income, but if one of them were found to have LCW /LCWRA they would be entitled to some UC because of the Work Allowance, and/or the LCWRA element. If that person were entitled to New Style ESA they could claim that, then have their assessment and claim UC but, if not, how would they trigger the assessment ?  Can you have a live UC claim and keep it open with a nil entitlement?

Isn’t it reg.28(7) of the UC Regs that does the trick Ruth?

(7) Where, by virtue of this regulation, the condition in section 5(1)(b) or 5(2)(b) of the Act is not met, the amount of the claimant’s income (or, in the case of joint claimants, their combined income) is to be treated during the relevant period as such that the amount payable is the prescribed minimum (see regulation 17).

Section 5 of the Act covers income being less than your UC prescribed amount.

Your client claims UC and submits fit note to kick start the process.

Brilliant, thanks Paul.