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Salford Advice and Information Network 
Dave Ormsby 
& Dale Eccleston 
www.salfordadvice.org.uk 
Universal Credit – 1st wave
Universal Credit. 
• Introduction. 
• Warrington experience 
• Universal Credit - elements 
• Transitional protection. 
• Key changes & preparation 
• Income & capital. 
• Who can & how to claim online & the application process. 
• Conditionality. 
• Case examples 
• Work requirements/searches 
• Alternative payment arrangements & PBS 
• Budgeting advance, advance payment & hardship payments 
• Hardship payments. 
• Sanctions. 
• Appeals/disputes.
Do you know what your Universal 
Credit Award will include? 
Child Benefit 
Attendance allowance 
Child/working Tax 
Credit 
Disability Living 
Allowance 
My wage 
Partner’s wage 
Income Support Council Tax reduction 
Housing Benefit
Yes – These are the benefits that will be included in Universal Credit: 
• Income Support 
• Income Related Jobseeker’s Allowance 
• Income Related Employment Support 
Allowance 
• Housing Benefit 
• Working Tax Credit 
• Child Tax Credit
No this is not part of Universal Credit! These are some more Benefits not 
included in Universal Credit: 
• Attendance Allowance 
• Bereavement Benefits 
• Disability Living Allowance (this will be called 
• Carer’s Allowance 
• Child Benefit 
• Contributory Employment and Support Allowance 
• Contributory Jobseeker’s Allowance 
• Council Tax Benefit (or, from 2013, its local replacement) 
• Industrial Injuries Disablement Benefit 
• Maternity Allowance 
• Pension Credit 
• State Retirement Pension 
• Statutory Adoption Pay 
• Statutory Maternity Pay 
• Statutory Sick Pay 
• War Pensions
All family income will be needed to 
claim Universal Credit 
• One of the main aims of Universal Credit is to 
"make work pay"; consequently the total amount 
any family can claim in benefits will be capped. 
• This limit will be linked to the average weekly 
earnings of people employed in the UK. This 
could potentially mean some families see their 
benefits substantially reduced, especially if they 
have a several children.
Universal credit 
• What it means for you 
• Universal Credit sweeps away the complexity of the old system and provides a 
single monthly payment if you are on a low income or out of work. It includes 
support for the costs of housing, children and childcare, as well as support for 
disabled people and carers. 
Universal Credit will replace: 
• Income-based Jobseeker’s Allowance 
• Income-based Employment and Support Allowance 
• Income Support 
• Working Tax Credit 
• Child Tax Credit 
• Housing Benefit 
We are told
Warrington experience. 
• Golden Gate Housing the biggest social landlord in 
Warrington, 40 of their 8,500 tenants on UC. 
• 92% of those on UC have rent arrears. 
• 2 have been evicted and 13 are on either SPO or NSP. 
• More than half of those on UC have asked for direct 
payments but this has not stopped the arrears 
increasing. 
• Half of direct payments are incorrect. 
• Payments are going missing. 
• Computer collapses if the payment day is on a Saturday 
or bank holiday.
Warrington experience. 
• A lot of problems with the switch to monthly 
budgeting. 
• Case studies: Evidence to support claims has 
gone missing and delayed an award. 
• Switch to sickness benefit on UC resulted in a 
delay in payments and compounded M/H 
condition. 
• GGH director concerned that DWP struggling with 
small pilot, significant implications for roll out. 
• What options ?
Transitional protection. 
• Will be paid with UC so no one worst off at the point of 
transfer up to 2017. 
• Protection will only apply to UC claims only if as part 
of DWP managed transfer. 
• Transitional addition will not be uprated. 
• Will reduce if break in claim, change in circumstances; 
becoming/ceasing to be a joint claimant, three month 
drop in earnings below the earnings threshold 
contained in the claimant commitment, one or both 
members stops work, the UC claim ends. 
• Single/ couple specifics.
UC elements 
Step One : Basic Allowance 
Single claimant aged under 25: 
£249.28 per month 
Single claimant aged 25 or over: 
£314.67 per month 
Joint claimants both aged under 
25: £391.29 per month 
Joint claimants either aged 25 or 
over: £493.95 per month
Reduction of allowances 
Taper 65% 
Where there 
are housing 
costs 
Where there 
are no 
housing costs
UNIVERSAL CREDIT
Key Changes & preparation 
• http://ucpp.dwp.gov.uk/universal-credit-preparation//
Examples of Tax credits/ UC 
differences
Income & capital. 
• Increased number of self employed [4.5 million], 
80% of the reduction in the unemployed in the 
last 3 months have become S.E. 
• Accounts will be need to be kept in good 
order[monthly assessments]. 
• Check if in the start up period/ do any of the 
exemption to the minimum income floor apply?
Income & capital. 
• Earning net of Income tax, N. I. CONS and 
100% of pension contributions. 
• SSP, maternity , paternity , adoption pay count 
as earnings. 
• If involved in a trade dispute and earnings 
cease, normal earnings will be taken into 
account for UC. 
• If employer fails to provide reported earnings, 
claimant has responsibility to provide.
Those who may need help
Need to set up an account
Paid monthly & landlord direct
Joint payments
Getting online
Q. How do I make a claim? 
• You can make a claim for Universal Credit 
online at www.gov.uk/universalcredit. If you 
get stuck while you’re making your Universal 
Credit claim a helpline is available Monday to 
Friday 8.00am to 6.00pm. Call 0845 600 
0723*. 
• If you need further help and cannot make 
your claim online, you can use local, face to 
face services. These may be offered through 
your local Jobcentre or your local council.
Who can & who can’t 
To make a claim for Universal Credit you must: 
• • live in a specified postcode area but not be homeless, in supported or temporary accommodation, nor a 
homeowner 
• • be single, with no dependent children, a British citizen and aged between 18 years and 60 years and 6 
months 
• • be fit for work 
• • not have received a payment of Jobseeker’s Allowance (JSA) or Employment and Support Allowance 
(ESA) that ended in the last 2 weeks, except where ESA ended due to a decision that you no longer have 
limited capability for work 
• • not be pregnant nor have given birth within the last 15 weeks 
• • not be receiving existing benefits or tax credits, nor awaiting a decision on a claim to them, nor be 
appealing against a decision not to award any of those 
• • not be in receipt of Disability Living Allowance (DLA) or Personal Independence Payment (PIP) 
• • have expected take home pay no higher than £270 per month (under 25s) or £330 per month (25 or 
over) and not have savings in excess of £6,000 
• • not have any caring responsibilities 
• • not be self-employed, in education nor have a person acting on your behalf over your claim, and 
• • have a valid bank account and National Insurance Number.
If not UC then calculators are given as 
an option
A claim cannot be saved 
• All information must be had before claiming: 
ESSENTIAL CHECKLIST: 
• your postcode 
• your National Insurance number 
• details of the bank/building society/Post Office/Credit 
Union account you want Universal Credit paid into 
• your rent agreement (if you have one) 
• details of your savings or other capital 
• details of any income that’s not from work 
• details of any other benefits you’re getting
Claim overview screen
Change in Circs
Conditionality. 
• Condition of entitlement to UC that claimant/couple accept a 
claimant commitment which identifies work related commitments. 
• Sets out what you must do to receive UC [examples].individual? 
• Prepared by the DWP, based on interview with EO and can dictate 
contents, can be reviewed updated as DWP thinks fit [Tactic accept 
changes and then write to DWP to seek a review, comply with the 
imposed changes, whilst awaiting decision, make this intention 
clear]. 
• Accept by method specified by DWP[on line, phone or writing, 
accept within specified time limit]. 
• Time limit to accept can be extended if: have asked DWP to review 
action proposed in relation to work search/ availability requirement 
or limitation on these. 
• Must also satisfy test that it is reasonable [cooling off period to 
allow chance to reconsider].
Conditionality. 
• If either claimant or partner do not accept the 
claimant commitment UC is not awarded. 
• Exemption if lack of capacity [require an 
appointee to make a claim], exceptional 
circumstances and it would be unreasonable 
expect to accept [ hospital for weeks, 
domestic emergency [define] or if JCP closed 
due to an emergency.
Conditionality. 
• What is the earnings threshold? 
• Is the national minimum wage for the age of the 
claimant& multiplied by hours expected to work 
[expected hours]. 
• Claimants whose earnings are above the weekly 
earnings threshold have no work related requirements. 
• Couple whose combined earnings are at or above the 
sum of their individual thresholds will have no work 
related requirements. 
• Apprentices threshold is at least the national minimum 
wage for 30 hours a week or, less, number of hours 
they expected to work.
Conditionality. 
• What are expected hours? 
• Work focused interviews only means 16 hours per week. 
• Those subject to all work related requirements hours will be 
specified in the claimant commitment, normally be 35 hours per 
week. 
• Can be below 35 hours, if; relevant carer for disabled person/child 
for whom claimant is a parent but not carer, 
• Is responsible carer or a responsible foster carer, means either lone 
parent or as nominated main carer in a couple, then number of 
hours will be those considered compatible with reasonable 
prospect of obtaining work. 
• What is compatible? Child under 13 with normal school hours and 
this includes travelling to and from school. 
• Claimants with physical/ mental health , number considered 
reasonable in light of impairment.
Conditionality. 
• In work conditionality. 
• Part time workers who work less than that 
specified in the claimant commitment, expected 
to spend time not working up to specified hours 
looking for more or better paid work. 
• Key factors: does the claimant satisfy any of the 
categories to reduce the expected hours 
requirement? 
• Check the combined hours earnings for couples. 
• Remember these checks could avoid claimants 
falling foul of the sanctions regime.
There are four conditionality groups. 
• No work related requirements. 
• Work focused interviews. 
• Work focused interviews and work 
preparation. 
• All work related requirements. 
Key factor check to make sure that the claimant 
has been placed in the correct group this is 
important to avoid sanctions!
Conditionality. 
• No work related requirements if; 
• Partner over pension credit age who is included in the claim of 
younger partner. 
• Main carer for a child adopted in the last 12 months. 
• Pregnant and within 11 weeks before/15 weeks after birth. 
• Under 21 in non advanced education & without parental support, 
or in education but eligible for UC & with student income taken into 
account in calculating UC. [Which students qualify]. 
• Carers [even if do not qualify for CA] if accepted would be 
unreasonable [definition]. 
• People with limited capability for work related activity. 
• Responsible parent or foster parent of a child under one.
Conditionality. 
• Work focused interviews. 
• Lone parent/ main carer of child aged between 1 and 5 
[couple can choose which is the main carer]. 
• Single/principle foster carer of child aged one or more [ can 
include 8 weeks after foster care ended, if expected to 
foster again]& if unreasonable to impose further work 
related requirements due to needs of 
carer/child[individually assessed/ provide evidence]. 
• Within 12 months of becoming the responsible friend or 
family carer of a child in specific circumstances[define]. 
• Interviews may be conducted by phone/provide reasons 
and any supporting evidence, remember sanctions.
Conditionality. 
All work related requirements[ plus work search &work 
availability requirements]. 
If not any of the three above subject to all work related 
requirements, this includes; 
Jobseeker &part time worker with low pay who is not in any of 
the above categories. 
Any EEA national who is a jobseeker or their family member, 
who would otherwise fall into one of above groups. 
For UC 35 hours per week, means prepared to take any job at 
least the national minimum wage and within 90 minutes 
travelling time. 
Make sure that the client is placed into the correct 
group/implications sanctions.
Making work pay – a move towards 
financial independence 
• As your take home pay increases Universal Credit 
will reduce gradually so you usually won’t lose all 
your benefits at once. There are no fixed hours 
thresholds, such as the 16 hours a week rule. 
• 
When you start work, your employer may enrol 
you in to a workplace pension. Your Universal 
Credit payment won’t be affected by your 
workplace pension.
Case example 
?
249 
261 
510
329 
111 
218 
141 
510-141.70=368
Break Time
No work search requirements. 
• Prisoner. 
• Attending court/tribunal as a witness or party to the proceedings. 
• Temporary absent from UK for medical treatment/convalescence. 
• Bereaved in the previous 6 months, where the deceased was a partner in a joint 
claim, dependent child/young person. 
• For 6 months if participating in a structured rehabilitation programme for 
drug/alcohol dependency. 
• For 3 months subject to protection under sec 82 Serious Organised Crime & Police 
Act. 
• Engaged in approved public duties[define]. 
• Temporarily unfit for work, up tom 14 days on two occasions every 12 months, self 
certify and fit note required for subsequent period. 
• DWP would be unreasonable as ; 
• Carrying out work/voluntary work preparation, 
• Temporary childcare responsibilities, domestic emergency, funeral arrangements 
or other.
Work related requirements. 
Work related interviews. 
Intended to assess the prospects of getting/ keeping paid work. 
Providing assistance/encouragement to keeping /obtaining paid 
work. 
Identify activities including training, education, rehabilitation that 
will improve prospects of keeping/ getting paid work. 
Identify work opportunities that are relevant to needs/abilities 
[remember the CC]. 
Is a claimant in gainful self employment or qualifies for a start up 
period[ remember would not need to take active steps to increase 
income]. 
Sanction will be imposed if do not attend without a good reason.
Work preparation requirements. 
• Actions as directed to improve prospects of paid 
work. Maybe required to spend a specific amount 
of time on actions such as; 
• Attending skills assessment, 
• Improving personal presentation, 
• Participating in training, work experience, 
employment programmes, 
• Develop a business plan, 
• If limited capability for work, attend a work 
focused/health related assessment[check].
Work search requirement 
• Take all reasonable actions[refer to CC]. 
• Actions undertaken must be in addition to those that 
give the claimant the best prospect of securing 
employment[How does this reconcile with the 
touchstone test?]. 
• Required actions; 
• Looking for work, 
• Applying for work, 
• Creating/maintaining an on line profile, 
• Registering with employment agency, 
• Seeking references.
Work search requirement. 
• Claimant can spend fewer expected hours on 
work search activity if; 
• Doing voluntary work 50% reduction[must 
improve prospects of work, agree in CC/set out 
the grounds, letters of support, remember always 
cover to avoid a sanction. 
• Dealing with temporary child care 
responsibilities, domestic emergency, funeral 
arrangement or other temporary circumstances 
[define].
Work availability requirement. 
• Most be willing to take up paid work/ attend an interview 
immediately. 
• Exceptions; 
• Carer for disabled person or for a child & is accepted as 
reasonable, take account of need to make alternative 
caring arrangements, can extend for one month to take up 
paid work or 48 hours for an interview. 
• Doing voluntary work and accepted that work availability 
requirement would be met if available at one weeks notice 
for paid work/48 hours interview. 
• Employed and required to give notice, if willing to take up 
work once notice period completed/interview 48 hours.
Work availability requirement. 
• Can be varied in the in the following circumstances; 
• Caring responsibilities or physical/m/h difficulties may have a lower 
expected hours requirement[remember importance of the CC]. 
• Work search/work availability restricted to 90 minutes travelling 
time from home. 
• Good work history, of a particular nature,paid at a particular level , 
up to three months from date of claim or ceasing to earn above 
his/her earnings threshold, can restrict to same if DM satisfied 
there is a reasonable prospect of securing work[define]. 
• Physical/ m/h condition that substantially limits, type of work or 
locations, will not be required to do or take up. 
• Remember to obtain evidence to support /power of the EO.
Domestic violence. 
• Defined as controlling, coercive, violent, abusive in a physical, sexual, 
mental and financial way. 
• Victim of actual/threatened within 6 months, no work related 
requirements for 13 weeks, subject to; 
• Most notify the DWP within 6 months of the DV & in the prescribed 
manner, 
• Within one month of notifying provide evidence from a person acting in 
an official capacity[SW,POLICE,HEALTH CARE PERSON, EMPLOYER,TU 
OFFICER,CHARITY, VOLUNTARY ORGANISATION], to confirm. Must have 
had contact with the above. 
• DV must have been inflicted by partner, ex partner or family member. 
• Not been subject to this provision in the past 12 months. 
• Not be living at the same address as the perpetrator at the date of the 
notification. 
• This may assist many claimants so investigation required.
What are alternative payment 
arrangements? 
• Jobcentre Plus can give you an alternative payment arrangement 
(APA) if you can't manage monthly payments of Universal Credit 
(UC) and there's a risk of financial harm to you or your family. 
• The move to a single monthly household payment will be a 
significant change to the way most benefits are currently paid so 
the following alternative payment arrangements will be available to 
help claimants who need additional support: 
• Paying housing costs (rent) directly to landlords. 
• Making more frequent than monthly payments. 
• Splitting payment of an award between partners. 
Wherever possible, these alternative arrangements will be time-limited and support 
will be offered to help you move successfully to normal payment arrangements.
Universal Credit 
Guidance on personal budgeting 
support 
Personal budgeting support is about helping you 
to adapt to three key changes that Universal 
Credit brings: 
• a single household payment; 
• Being paid monthly; and 
• rent paid directly to you - so you will pay your 
rent to the landlord yourself.
• The vast majority of claimants needing 
alternative payment arrangements will be 
referred for money advice so that they 
become more financially independent with a 
view to the payments arrangements ending 
when they are no longer needed. 
• The money advice process filters claimants to 
the most suitable service and channel in the 
most efficient way.
Money advice will be offered online, 
by phone, or face to face. 
• There will be different levels and types of 
money advice based on need; some claimants 
will be signposted to online services, some 
may be offered a single session over the 
phone, others an intensive face to face session 
with follow up call(s).
Simple guide to personal Budgeting 
Support
When can an alternative payment be 
considered? 
Landlords will be able to request 
managed 
payments if a claimant is in arrears. 
APA 
Trigger/ 
request 
One month’s arrears will trigger a review 
of a claimant’s case, and managed 
payments 
to landlords will automatically apply after 
two months of arrears. 
Local organisations will be able to trigger 
an APA review. 
Universal Credit application 
During the claim: claimant 
request 
DWP states that claimants 
will be able to trigger 
a consideration for APAs 
during their claim. 
form 
A commitment to 
‘carefully assess people’s 
capabilities before 
they are moved on to 
Universal Credit’.
Tier One factors – Highly likely / probable need 
for alternative payment arrangements 
• Drug / alcohol and / or other addiction problems e.g. gambling 
• Learning difficulties including problems with literacy and/or numeracy 
• Severe / multiple debt problems 
• In Temporary and / or Supported accommodation 
• Homeless 
• Domestic violence / abuse 
• Mental Health Condition 
• Currently in rent arrears / threat of eviction / repossession 
• Claimant is young either a 16/17 year old and / or a Care leaver 
• Families with multiple and complex needs 
• The focus should be more around the type of ‘support’ provided rather than the accommodation 
type when considering if alternative payment arrangements are appropriate.
Tier Two factors - Less likely / possible 
• No bank account 
• Third party deductions in place (e.g. for fines, utility arrears etc) 
• Claimant is a Refugees / asylum seeker 
• History of rent arrears 
• Previously homeless and / or in supported accommodation 
• Other disability (e.g. physical disability, sensory impairment etc) 
• Claimant has just left prison 
• Claimant has just left hospital 
• Recently bereaved 
• Language skills (e.g. English not spoken as the ‘first language’). 
• Ex Service personnel 
• NEETs - Not in Education, Employment or Training
Which of these do you think are most 
likely or maybe awarded APA 
• Difficulty reading writing 
• Multiple debts and not sticking to repayments 
• Family with multiple issues eg mental health 
issues & alcohilism 
• Fuels direct in payment as well as direct water 
payments 
• Homeless 4 months ago but now in suitable 
accomodation 
• Suffers from bipolar
Initial claim analysis 
• It seems likely this will consist of a sift of 
claimants when they apply for Universal 
Credit using information a claimant enters in 
their online form. This information will then be 
used by a Universal Credit adviser to decide 
whether to put APAs in place. 
Form will need to be completed and be reflective of Claimants needs
APA or not? 
• Steven claims Universal Credit. He has severe learning 
difficulties and lives in supported accommodation. He is 
referred for an alternative payment arrangements. It 
transpires that Pete’s brother, Joe, acts as his appointee and 
fully manages his brother’s financial affairs.
NO 
• Joe has been looking after his brothers 
financial affairs for many years, ever since 
their parents passed away. He works part time 
and sees his brother regularly and is deemed 
capable of managing Pete’s Universal Credit. 
As a result an alternative payment 
arrangement is not considered appropriate in 
this case.
APA or not? 
• Lucy is 26 years old and makes a claim to Universal Credit 
and following ‘Personal Budgeting Support’ data gather 
questioning, it comes to light that she has a drug addiction 
problem and has no bank account plus a history of debt. 
She is currently a regular user of cannabis and is not 
receiving treatment (she says her local support service can 
only treat class A users at present), she wants treatment 
and says without it she cannot stop ‘using’.
Yes 
• She is therefore considered for alternative 
payment arrangements as risks spending a large 
proportion of her Universal Credit income on 
drugs. A decision is made to pay her pay her rent 
direct to her landlord and to pay her more 
frequently than monthly. She is referred for 
treatment and budgeting support services which 
include the set up of a budgeting (or ‘jam jar’) 
account. Her circumstances will be reviewed in 
eight months time.
No appeal to APA decision 
• If Jobcentre Plus don’t agree 
• Jobcentre Plus will write or email you giving you its 
decision about whether to pay universal credit direct to 
your landlord or make any other ‘alternative payment 
arrangements’. This should tell you the reasons for its 
decision and what you need to do if you disagree with 
its decision. 
• You should have one month to write to Jobcentre Plus 
to ask them to reconsider. However, if they refuse you 
normally will not have any further right to appeal.
Claim analysis 
There is insufficient detail about how the first sift 
will work in practice. Relying on self-disclosure 
through the application form raises concerns. 
It may miss the most vulnerable or, conversely, 
those who think they can cope. 
Early results from Universal Credit Pathfinders suggest claimants are 
not requesting APAs even when prompted. Those just coping may not 
have any obvious challenges, some may be reluctant to share personal 
information or inaccurately judge their situation. 
Shelter
Budgeting Advance 
• Budgeting Advance 
• An advance payment of Universal Credit to help someone buy essential furniture or household 
equipment, for example. A Budgeting Loan Is being replaced by the Budgeting Advance,. 
The amount of a budgeting advance depends on the expense you need 
to meet. However, there are limits on the amount of an advance. The 
following table gives the maximum amounts of a budgeting advance. 
Your circumstances Maximum amount of a 
budgeting advance 
You're single and you're not responsible for a 
child or young person 
£348 
You're a member of a couple and you're not 
responsible for a child or young person 
£464 
You're responsible for a child or young 
person 
£812 
Jobcentre Plus can't pay a budgeting advance of less than £100. 
You have to repay a budgeting advance within 12 months (or 18 months in exceptional 
circumstances). Usually repayments will be deducted as installments directly from 
your universal credit payments.
Advance payment & Hardship 
payments 
• Your first payment will be made one calendar 
month and 7 days after your date of claim and 
then calendar monthly after that. 
• If you think you will find it difficult to manage 
while waiting for this first payment you can ask 
the DWP for an advance payment. This will be 
paid back out of your future Universal Credit 
payments. 
• HPs - These if awarded will have to be paid back.
Advance payment & APA 
• Sam applies for Universal Credit. He has a 
number of debts, including rent arrears and so 
asks the DWP for an advance payment and to 
be paid twice a month.
Agreed 
• The DWP agree to his request– to ensure that 
he does not fall behind with his repayments. It 
is also agreed to pay his landlord direct and is 
referred for budgeting support. 
• They will review his case in 3 months.
Sanctions. 
• Look at the JSA experience. 
• Who is most likely to be effected by the imposition of sanction 
under UC ? 
Sanction will be imposed if non compliant with the CC and cannot 
show a good reason. 
If more than one sanction is imposed will run consecutively rather 
than concurrently, will continue to run if UC is reclaimed [less the 
number of days when benefit was not payment]. 
Fixed sanction will not exceed 3 years. 
Sanction will not reduce UC award to less than zero. 
Will cease if no longer subject to work related requirement, or after a 
year of compliance if working and earning at least threshold for 6 
months in that period.
Medium level sanctions. 
• Those subject to all work requirements, who 
fail, without good cause to seek or be 
available for work. 
• 28 days first failure, 
• 91 days for a subsequent failure within a year. 
• 16/17 year olds 7 & 14 days within the year, 
40% loss of standard personal allowance.
lower level sanctions. 
• Failure without good reason to undertake specific work search or 
work preparation activities or fail to attend or produce the required 
evidence at a compliance/work focused interview. 
• Loss of 100% of standard allowance or 50% of standard couple 
allowance, until the requirement is met, plus a fixed period of 7 
days for a first failure[over 18 year olds],14 days fore second lower 
level offence within a year and 28 days for a subsequent failure 
within 12 months. 
• UC claimant who only have to attend work focused interviews and 
fail to do so without good reason. 
• A sanction of 40% of SPA[40% standard couple allowance] apply 
until the interview is attended or the requirement no longer 
applies.
Good reason. 
• Not defined in law, refer to case law. 
• DM Guide on what constitutes good reason refers to case law on what is voluntary, 
misconduct, good cause and just cause. 
• Facts that would probably have caused to act as the claimant did. 
• Consider the following; 
• DV. 
• M/H condition. 
• Bullying, harassment,[employment]. 
• Disadvantaged,homeless, disability ,dependency, learning difficulties, domestic 
emergency, sincere religious conviction, caring responsibilities. 
• Would be significant harm to health or to health & safety of any person, 
unreasonable physical/mental stress. 
• Expenses related to travel/childcare may be good reason if unreasonably high 
relative to expected pay from employment, if pay at or above NMW will not be 
taken into account in deciding good reason. 
• Claimant will need to try and resolve issue before leaving or good reason will not 
be accepted.
Mandatory reconsiderations. 
One month from the date on the notice to seek a 
mandatory reconsideration. 
This time limit can be extended up to a maximum of 13 
months from the date of the decision if three criteria are 
satisfied; 
There are exceptional circumstances that have for not 
having lodged the MR within the standard time limits. 
There is a reasonable prospect of the MR succeeding. 
IT is in the interest of justice to allow the late MR.
Mandatory reconsiderations. 
• How to approach. 
• Lodge as soon as possible. Only 38.2% of negative 
decisions were contested in 2013. 
• System is blocked and not unusually for decision 
to take 3 months. 
• A total of 46.8% of MR were successful. 
• Set out in writing, experience of current MR is 
that with good reason & non compliance 
decisions that full details/supporting 
evidence/equals quicker/positive decisions.
Mandatory reconsiderations. 
• Once a MR is lodged the DWP will phone the 
claimant/important that he/she is consistent with the 
information in the letter. 
• The above is a problem area as often this does not 
happen and it undermines the material value of the 
case/prepare client. 
• Check how the client fits into the guidelines/are 
learning difficulties,dependency,m/h,language a 
factor? 
• Have the DWP provided the required level of support? 
[From 28/4/14 mandatory English courses[.
Appeals. 
• If the MR is not successful, one month from 
the date on the notice to lodge the appeal. 
• Late appeal the same as MR. 
• Unable to appeal APAs, but a request to look 
again can be made. 
• You can't appeal against a decision about your 
entitlement to a budgeting advance
Salford universal credit first phase

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Salford universal credit first phase

  • 1. Salford Advice and Information Network Dave Ormsby & Dale Eccleston www.salfordadvice.org.uk Universal Credit – 1st wave
  • 2. Universal Credit. • Introduction. • Warrington experience • Universal Credit - elements • Transitional protection. • Key changes & preparation • Income & capital. • Who can & how to claim online & the application process. • Conditionality. • Case examples • Work requirements/searches • Alternative payment arrangements & PBS • Budgeting advance, advance payment & hardship payments • Hardship payments. • Sanctions. • Appeals/disputes.
  • 3. Do you know what your Universal Credit Award will include? Child Benefit Attendance allowance Child/working Tax Credit Disability Living Allowance My wage Partner’s wage Income Support Council Tax reduction Housing Benefit
  • 4. Yes – These are the benefits that will be included in Universal Credit: • Income Support • Income Related Jobseeker’s Allowance • Income Related Employment Support Allowance • Housing Benefit • Working Tax Credit • Child Tax Credit
  • 5. No this is not part of Universal Credit! These are some more Benefits not included in Universal Credit: • Attendance Allowance • Bereavement Benefits • Disability Living Allowance (this will be called • Carer’s Allowance • Child Benefit • Contributory Employment and Support Allowance • Contributory Jobseeker’s Allowance • Council Tax Benefit (or, from 2013, its local replacement) • Industrial Injuries Disablement Benefit • Maternity Allowance • Pension Credit • State Retirement Pension • Statutory Adoption Pay • Statutory Maternity Pay • Statutory Sick Pay • War Pensions
  • 6. All family income will be needed to claim Universal Credit • One of the main aims of Universal Credit is to "make work pay"; consequently the total amount any family can claim in benefits will be capped. • This limit will be linked to the average weekly earnings of people employed in the UK. This could potentially mean some families see their benefits substantially reduced, especially if they have a several children.
  • 7. Universal credit • What it means for you • Universal Credit sweeps away the complexity of the old system and provides a single monthly payment if you are on a low income or out of work. It includes support for the costs of housing, children and childcare, as well as support for disabled people and carers. Universal Credit will replace: • Income-based Jobseeker’s Allowance • Income-based Employment and Support Allowance • Income Support • Working Tax Credit • Child Tax Credit • Housing Benefit We are told
  • 8. Warrington experience. • Golden Gate Housing the biggest social landlord in Warrington, 40 of their 8,500 tenants on UC. • 92% of those on UC have rent arrears. • 2 have been evicted and 13 are on either SPO or NSP. • More than half of those on UC have asked for direct payments but this has not stopped the arrears increasing. • Half of direct payments are incorrect. • Payments are going missing. • Computer collapses if the payment day is on a Saturday or bank holiday.
  • 9. Warrington experience. • A lot of problems with the switch to monthly budgeting. • Case studies: Evidence to support claims has gone missing and delayed an award. • Switch to sickness benefit on UC resulted in a delay in payments and compounded M/H condition. • GGH director concerned that DWP struggling with small pilot, significant implications for roll out. • What options ?
  • 10. Transitional protection. • Will be paid with UC so no one worst off at the point of transfer up to 2017. • Protection will only apply to UC claims only if as part of DWP managed transfer. • Transitional addition will not be uprated. • Will reduce if break in claim, change in circumstances; becoming/ceasing to be a joint claimant, three month drop in earnings below the earnings threshold contained in the claimant commitment, one or both members stops work, the UC claim ends. • Single/ couple specifics.
  • 11. UC elements Step One : Basic Allowance Single claimant aged under 25: £249.28 per month Single claimant aged 25 or over: £314.67 per month Joint claimants both aged under 25: £391.29 per month Joint claimants either aged 25 or over: £493.95 per month
  • 12. Reduction of allowances Taper 65% Where there are housing costs Where there are no housing costs
  • 14. Key Changes & preparation • http://ucpp.dwp.gov.uk/universal-credit-preparation//
  • 15. Examples of Tax credits/ UC differences
  • 16. Income & capital. • Increased number of self employed [4.5 million], 80% of the reduction in the unemployed in the last 3 months have become S.E. • Accounts will be need to be kept in good order[monthly assessments]. • Check if in the start up period/ do any of the exemption to the minimum income floor apply?
  • 17. Income & capital. • Earning net of Income tax, N. I. CONS and 100% of pension contributions. • SSP, maternity , paternity , adoption pay count as earnings. • If involved in a trade dispute and earnings cease, normal earnings will be taken into account for UC. • If employer fails to provide reported earnings, claimant has responsibility to provide.
  • 18. Those who may need help
  • 19. Need to set up an account
  • 20. Paid monthly & landlord direct
  • 23. Q. How do I make a claim? • You can make a claim for Universal Credit online at www.gov.uk/universalcredit. If you get stuck while you’re making your Universal Credit claim a helpline is available Monday to Friday 8.00am to 6.00pm. Call 0845 600 0723*. • If you need further help and cannot make your claim online, you can use local, face to face services. These may be offered through your local Jobcentre or your local council.
  • 24. Who can & who can’t To make a claim for Universal Credit you must: • • live in a specified postcode area but not be homeless, in supported or temporary accommodation, nor a homeowner • • be single, with no dependent children, a British citizen and aged between 18 years and 60 years and 6 months • • be fit for work • • not have received a payment of Jobseeker’s Allowance (JSA) or Employment and Support Allowance (ESA) that ended in the last 2 weeks, except where ESA ended due to a decision that you no longer have limited capability for work • • not be pregnant nor have given birth within the last 15 weeks • • not be receiving existing benefits or tax credits, nor awaiting a decision on a claim to them, nor be appealing against a decision not to award any of those • • not be in receipt of Disability Living Allowance (DLA) or Personal Independence Payment (PIP) • • have expected take home pay no higher than £270 per month (under 25s) or £330 per month (25 or over) and not have savings in excess of £6,000 • • not have any caring responsibilities • • not be self-employed, in education nor have a person acting on your behalf over your claim, and • • have a valid bank account and National Insurance Number.
  • 25. If not UC then calculators are given as an option
  • 26. A claim cannot be saved • All information must be had before claiming: ESSENTIAL CHECKLIST: • your postcode • your National Insurance number • details of the bank/building society/Post Office/Credit Union account you want Universal Credit paid into • your rent agreement (if you have one) • details of your savings or other capital • details of any income that’s not from work • details of any other benefits you’re getting
  • 28.
  • 29.
  • 31. Conditionality. • Condition of entitlement to UC that claimant/couple accept a claimant commitment which identifies work related commitments. • Sets out what you must do to receive UC [examples].individual? • Prepared by the DWP, based on interview with EO and can dictate contents, can be reviewed updated as DWP thinks fit [Tactic accept changes and then write to DWP to seek a review, comply with the imposed changes, whilst awaiting decision, make this intention clear]. • Accept by method specified by DWP[on line, phone or writing, accept within specified time limit]. • Time limit to accept can be extended if: have asked DWP to review action proposed in relation to work search/ availability requirement or limitation on these. • Must also satisfy test that it is reasonable [cooling off period to allow chance to reconsider].
  • 32. Conditionality. • If either claimant or partner do not accept the claimant commitment UC is not awarded. • Exemption if lack of capacity [require an appointee to make a claim], exceptional circumstances and it would be unreasonable expect to accept [ hospital for weeks, domestic emergency [define] or if JCP closed due to an emergency.
  • 33. Conditionality. • What is the earnings threshold? • Is the national minimum wage for the age of the claimant& multiplied by hours expected to work [expected hours]. • Claimants whose earnings are above the weekly earnings threshold have no work related requirements. • Couple whose combined earnings are at or above the sum of their individual thresholds will have no work related requirements. • Apprentices threshold is at least the national minimum wage for 30 hours a week or, less, number of hours they expected to work.
  • 34. Conditionality. • What are expected hours? • Work focused interviews only means 16 hours per week. • Those subject to all work related requirements hours will be specified in the claimant commitment, normally be 35 hours per week. • Can be below 35 hours, if; relevant carer for disabled person/child for whom claimant is a parent but not carer, • Is responsible carer or a responsible foster carer, means either lone parent or as nominated main carer in a couple, then number of hours will be those considered compatible with reasonable prospect of obtaining work. • What is compatible? Child under 13 with normal school hours and this includes travelling to and from school. • Claimants with physical/ mental health , number considered reasonable in light of impairment.
  • 35. Conditionality. • In work conditionality. • Part time workers who work less than that specified in the claimant commitment, expected to spend time not working up to specified hours looking for more or better paid work. • Key factors: does the claimant satisfy any of the categories to reduce the expected hours requirement? • Check the combined hours earnings for couples. • Remember these checks could avoid claimants falling foul of the sanctions regime.
  • 36. There are four conditionality groups. • No work related requirements. • Work focused interviews. • Work focused interviews and work preparation. • All work related requirements. Key factor check to make sure that the claimant has been placed in the correct group this is important to avoid sanctions!
  • 37. Conditionality. • No work related requirements if; • Partner over pension credit age who is included in the claim of younger partner. • Main carer for a child adopted in the last 12 months. • Pregnant and within 11 weeks before/15 weeks after birth. • Under 21 in non advanced education & without parental support, or in education but eligible for UC & with student income taken into account in calculating UC. [Which students qualify]. • Carers [even if do not qualify for CA] if accepted would be unreasonable [definition]. • People with limited capability for work related activity. • Responsible parent or foster parent of a child under one.
  • 38. Conditionality. • Work focused interviews. • Lone parent/ main carer of child aged between 1 and 5 [couple can choose which is the main carer]. • Single/principle foster carer of child aged one or more [ can include 8 weeks after foster care ended, if expected to foster again]& if unreasonable to impose further work related requirements due to needs of carer/child[individually assessed/ provide evidence]. • Within 12 months of becoming the responsible friend or family carer of a child in specific circumstances[define]. • Interviews may be conducted by phone/provide reasons and any supporting evidence, remember sanctions.
  • 39. Conditionality. All work related requirements[ plus work search &work availability requirements]. If not any of the three above subject to all work related requirements, this includes; Jobseeker &part time worker with low pay who is not in any of the above categories. Any EEA national who is a jobseeker or their family member, who would otherwise fall into one of above groups. For UC 35 hours per week, means prepared to take any job at least the national minimum wage and within 90 minutes travelling time. Make sure that the client is placed into the correct group/implications sanctions.
  • 40. Making work pay – a move towards financial independence • As your take home pay increases Universal Credit will reduce gradually so you usually won’t lose all your benefits at once. There are no fixed hours thresholds, such as the 16 hours a week rule. • When you start work, your employer may enrol you in to a workplace pension. Your Universal Credit payment won’t be affected by your workplace pension.
  • 43.
  • 44. 329 111 218 141 510-141.70=368
  • 45.
  • 47. No work search requirements. • Prisoner. • Attending court/tribunal as a witness or party to the proceedings. • Temporary absent from UK for medical treatment/convalescence. • Bereaved in the previous 6 months, where the deceased was a partner in a joint claim, dependent child/young person. • For 6 months if participating in a structured rehabilitation programme for drug/alcohol dependency. • For 3 months subject to protection under sec 82 Serious Organised Crime & Police Act. • Engaged in approved public duties[define]. • Temporarily unfit for work, up tom 14 days on two occasions every 12 months, self certify and fit note required for subsequent period. • DWP would be unreasonable as ; • Carrying out work/voluntary work preparation, • Temporary childcare responsibilities, domestic emergency, funeral arrangements or other.
  • 48. Work related requirements. Work related interviews. Intended to assess the prospects of getting/ keeping paid work. Providing assistance/encouragement to keeping /obtaining paid work. Identify activities including training, education, rehabilitation that will improve prospects of keeping/ getting paid work. Identify work opportunities that are relevant to needs/abilities [remember the CC]. Is a claimant in gainful self employment or qualifies for a start up period[ remember would not need to take active steps to increase income]. Sanction will be imposed if do not attend without a good reason.
  • 49. Work preparation requirements. • Actions as directed to improve prospects of paid work. Maybe required to spend a specific amount of time on actions such as; • Attending skills assessment, • Improving personal presentation, • Participating in training, work experience, employment programmes, • Develop a business plan, • If limited capability for work, attend a work focused/health related assessment[check].
  • 50. Work search requirement • Take all reasonable actions[refer to CC]. • Actions undertaken must be in addition to those that give the claimant the best prospect of securing employment[How does this reconcile with the touchstone test?]. • Required actions; • Looking for work, • Applying for work, • Creating/maintaining an on line profile, • Registering with employment agency, • Seeking references.
  • 51. Work search requirement. • Claimant can spend fewer expected hours on work search activity if; • Doing voluntary work 50% reduction[must improve prospects of work, agree in CC/set out the grounds, letters of support, remember always cover to avoid a sanction. • Dealing with temporary child care responsibilities, domestic emergency, funeral arrangement or other temporary circumstances [define].
  • 52. Work availability requirement. • Most be willing to take up paid work/ attend an interview immediately. • Exceptions; • Carer for disabled person or for a child & is accepted as reasonable, take account of need to make alternative caring arrangements, can extend for one month to take up paid work or 48 hours for an interview. • Doing voluntary work and accepted that work availability requirement would be met if available at one weeks notice for paid work/48 hours interview. • Employed and required to give notice, if willing to take up work once notice period completed/interview 48 hours.
  • 53. Work availability requirement. • Can be varied in the in the following circumstances; • Caring responsibilities or physical/m/h difficulties may have a lower expected hours requirement[remember importance of the CC]. • Work search/work availability restricted to 90 minutes travelling time from home. • Good work history, of a particular nature,paid at a particular level , up to three months from date of claim or ceasing to earn above his/her earnings threshold, can restrict to same if DM satisfied there is a reasonable prospect of securing work[define]. • Physical/ m/h condition that substantially limits, type of work or locations, will not be required to do or take up. • Remember to obtain evidence to support /power of the EO.
  • 54. Domestic violence. • Defined as controlling, coercive, violent, abusive in a physical, sexual, mental and financial way. • Victim of actual/threatened within 6 months, no work related requirements for 13 weeks, subject to; • Most notify the DWP within 6 months of the DV & in the prescribed manner, • Within one month of notifying provide evidence from a person acting in an official capacity[SW,POLICE,HEALTH CARE PERSON, EMPLOYER,TU OFFICER,CHARITY, VOLUNTARY ORGANISATION], to confirm. Must have had contact with the above. • DV must have been inflicted by partner, ex partner or family member. • Not been subject to this provision in the past 12 months. • Not be living at the same address as the perpetrator at the date of the notification. • This may assist many claimants so investigation required.
  • 55. What are alternative payment arrangements? • Jobcentre Plus can give you an alternative payment arrangement (APA) if you can't manage monthly payments of Universal Credit (UC) and there's a risk of financial harm to you or your family. • The move to a single monthly household payment will be a significant change to the way most benefits are currently paid so the following alternative payment arrangements will be available to help claimants who need additional support: • Paying housing costs (rent) directly to landlords. • Making more frequent than monthly payments. • Splitting payment of an award between partners. Wherever possible, these alternative arrangements will be time-limited and support will be offered to help you move successfully to normal payment arrangements.
  • 56. Universal Credit Guidance on personal budgeting support Personal budgeting support is about helping you to adapt to three key changes that Universal Credit brings: • a single household payment; • Being paid monthly; and • rent paid directly to you - so you will pay your rent to the landlord yourself.
  • 57. • The vast majority of claimants needing alternative payment arrangements will be referred for money advice so that they become more financially independent with a view to the payments arrangements ending when they are no longer needed. • The money advice process filters claimants to the most suitable service and channel in the most efficient way.
  • 58. Money advice will be offered online, by phone, or face to face. • There will be different levels and types of money advice based on need; some claimants will be signposted to online services, some may be offered a single session over the phone, others an intensive face to face session with follow up call(s).
  • 59. Simple guide to personal Budgeting Support
  • 60. When can an alternative payment be considered? Landlords will be able to request managed payments if a claimant is in arrears. APA Trigger/ request One month’s arrears will trigger a review of a claimant’s case, and managed payments to landlords will automatically apply after two months of arrears. Local organisations will be able to trigger an APA review. Universal Credit application During the claim: claimant request DWP states that claimants will be able to trigger a consideration for APAs during their claim. form A commitment to ‘carefully assess people’s capabilities before they are moved on to Universal Credit’.
  • 61. Tier One factors – Highly likely / probable need for alternative payment arrangements • Drug / alcohol and / or other addiction problems e.g. gambling • Learning difficulties including problems with literacy and/or numeracy • Severe / multiple debt problems • In Temporary and / or Supported accommodation • Homeless • Domestic violence / abuse • Mental Health Condition • Currently in rent arrears / threat of eviction / repossession • Claimant is young either a 16/17 year old and / or a Care leaver • Families with multiple and complex needs • The focus should be more around the type of ‘support’ provided rather than the accommodation type when considering if alternative payment arrangements are appropriate.
  • 62. Tier Two factors - Less likely / possible • No bank account • Third party deductions in place (e.g. for fines, utility arrears etc) • Claimant is a Refugees / asylum seeker • History of rent arrears • Previously homeless and / or in supported accommodation • Other disability (e.g. physical disability, sensory impairment etc) • Claimant has just left prison • Claimant has just left hospital • Recently bereaved • Language skills (e.g. English not spoken as the ‘first language’). • Ex Service personnel • NEETs - Not in Education, Employment or Training
  • 63. Which of these do you think are most likely or maybe awarded APA • Difficulty reading writing • Multiple debts and not sticking to repayments • Family with multiple issues eg mental health issues & alcohilism • Fuels direct in payment as well as direct water payments • Homeless 4 months ago but now in suitable accomodation • Suffers from bipolar
  • 64. Initial claim analysis • It seems likely this will consist of a sift of claimants when they apply for Universal Credit using information a claimant enters in their online form. This information will then be used by a Universal Credit adviser to decide whether to put APAs in place. Form will need to be completed and be reflective of Claimants needs
  • 65. APA or not? • Steven claims Universal Credit. He has severe learning difficulties and lives in supported accommodation. He is referred for an alternative payment arrangements. It transpires that Pete’s brother, Joe, acts as his appointee and fully manages his brother’s financial affairs.
  • 66. NO • Joe has been looking after his brothers financial affairs for many years, ever since their parents passed away. He works part time and sees his brother regularly and is deemed capable of managing Pete’s Universal Credit. As a result an alternative payment arrangement is not considered appropriate in this case.
  • 67. APA or not? • Lucy is 26 years old and makes a claim to Universal Credit and following ‘Personal Budgeting Support’ data gather questioning, it comes to light that she has a drug addiction problem and has no bank account plus a history of debt. She is currently a regular user of cannabis and is not receiving treatment (she says her local support service can only treat class A users at present), she wants treatment and says without it she cannot stop ‘using’.
  • 68. Yes • She is therefore considered for alternative payment arrangements as risks spending a large proportion of her Universal Credit income on drugs. A decision is made to pay her pay her rent direct to her landlord and to pay her more frequently than monthly. She is referred for treatment and budgeting support services which include the set up of a budgeting (or ‘jam jar’) account. Her circumstances will be reviewed in eight months time.
  • 69. No appeal to APA decision • If Jobcentre Plus don’t agree • Jobcentre Plus will write or email you giving you its decision about whether to pay universal credit direct to your landlord or make any other ‘alternative payment arrangements’. This should tell you the reasons for its decision and what you need to do if you disagree with its decision. • You should have one month to write to Jobcentre Plus to ask them to reconsider. However, if they refuse you normally will not have any further right to appeal.
  • 70. Claim analysis There is insufficient detail about how the first sift will work in practice. Relying on self-disclosure through the application form raises concerns. It may miss the most vulnerable or, conversely, those who think they can cope. Early results from Universal Credit Pathfinders suggest claimants are not requesting APAs even when prompted. Those just coping may not have any obvious challenges, some may be reluctant to share personal information or inaccurately judge their situation. Shelter
  • 71. Budgeting Advance • Budgeting Advance • An advance payment of Universal Credit to help someone buy essential furniture or household equipment, for example. A Budgeting Loan Is being replaced by the Budgeting Advance,. The amount of a budgeting advance depends on the expense you need to meet. However, there are limits on the amount of an advance. The following table gives the maximum amounts of a budgeting advance. Your circumstances Maximum amount of a budgeting advance You're single and you're not responsible for a child or young person £348 You're a member of a couple and you're not responsible for a child or young person £464 You're responsible for a child or young person £812 Jobcentre Plus can't pay a budgeting advance of less than £100. You have to repay a budgeting advance within 12 months (or 18 months in exceptional circumstances). Usually repayments will be deducted as installments directly from your universal credit payments.
  • 72. Advance payment & Hardship payments • Your first payment will be made one calendar month and 7 days after your date of claim and then calendar monthly after that. • If you think you will find it difficult to manage while waiting for this first payment you can ask the DWP for an advance payment. This will be paid back out of your future Universal Credit payments. • HPs - These if awarded will have to be paid back.
  • 73. Advance payment & APA • Sam applies for Universal Credit. He has a number of debts, including rent arrears and so asks the DWP for an advance payment and to be paid twice a month.
  • 74. Agreed • The DWP agree to his request– to ensure that he does not fall behind with his repayments. It is also agreed to pay his landlord direct and is referred for budgeting support. • They will review his case in 3 months.
  • 75. Sanctions. • Look at the JSA experience. • Who is most likely to be effected by the imposition of sanction under UC ? Sanction will be imposed if non compliant with the CC and cannot show a good reason. If more than one sanction is imposed will run consecutively rather than concurrently, will continue to run if UC is reclaimed [less the number of days when benefit was not payment]. Fixed sanction will not exceed 3 years. Sanction will not reduce UC award to less than zero. Will cease if no longer subject to work related requirement, or after a year of compliance if working and earning at least threshold for 6 months in that period.
  • 76. Medium level sanctions. • Those subject to all work requirements, who fail, without good cause to seek or be available for work. • 28 days first failure, • 91 days for a subsequent failure within a year. • 16/17 year olds 7 & 14 days within the year, 40% loss of standard personal allowance.
  • 77. lower level sanctions. • Failure without good reason to undertake specific work search or work preparation activities or fail to attend or produce the required evidence at a compliance/work focused interview. • Loss of 100% of standard allowance or 50% of standard couple allowance, until the requirement is met, plus a fixed period of 7 days for a first failure[over 18 year olds],14 days fore second lower level offence within a year and 28 days for a subsequent failure within 12 months. • UC claimant who only have to attend work focused interviews and fail to do so without good reason. • A sanction of 40% of SPA[40% standard couple allowance] apply until the interview is attended or the requirement no longer applies.
  • 78. Good reason. • Not defined in law, refer to case law. • DM Guide on what constitutes good reason refers to case law on what is voluntary, misconduct, good cause and just cause. • Facts that would probably have caused to act as the claimant did. • Consider the following; • DV. • M/H condition. • Bullying, harassment,[employment]. • Disadvantaged,homeless, disability ,dependency, learning difficulties, domestic emergency, sincere religious conviction, caring responsibilities. • Would be significant harm to health or to health & safety of any person, unreasonable physical/mental stress. • Expenses related to travel/childcare may be good reason if unreasonably high relative to expected pay from employment, if pay at or above NMW will not be taken into account in deciding good reason. • Claimant will need to try and resolve issue before leaving or good reason will not be accepted.
  • 79. Mandatory reconsiderations. One month from the date on the notice to seek a mandatory reconsideration. This time limit can be extended up to a maximum of 13 months from the date of the decision if three criteria are satisfied; There are exceptional circumstances that have for not having lodged the MR within the standard time limits. There is a reasonable prospect of the MR succeeding. IT is in the interest of justice to allow the late MR.
  • 80. Mandatory reconsiderations. • How to approach. • Lodge as soon as possible. Only 38.2% of negative decisions were contested in 2013. • System is blocked and not unusually for decision to take 3 months. • A total of 46.8% of MR were successful. • Set out in writing, experience of current MR is that with good reason & non compliance decisions that full details/supporting evidence/equals quicker/positive decisions.
  • 81. Mandatory reconsiderations. • Once a MR is lodged the DWP will phone the claimant/important that he/she is consistent with the information in the letter. • The above is a problem area as often this does not happen and it undermines the material value of the case/prepare client. • Check how the client fits into the guidelines/are learning difficulties,dependency,m/h,language a factor? • Have the DWP provided the required level of support? [From 28/4/14 mandatory English courses[.
  • 82. Appeals. • If the MR is not successful, one month from the date on the notice to lodge the appeal. • Late appeal the same as MR. • Unable to appeal APAs, but a request to look again can be made. • You can't appeal against a decision about your entitlement to a budgeting advance