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Sanctioned on UC

dan0102dan0102 Member Posts: 1 Listener
edited January 2019 in Universal Credit
Hi im needing some help on 27th Nov i claimed income support as im caring for my stepfather and get carers allowance,I went to the job centre had interview and got told income support should be paid by 10-15 working days.On 13th Dec get letter saying im not allowed income support as ov 11th Dec my area can only get UC which i was on previously to carers.Long story short i was sanctioned on UC and because of that i havent been paid my income support even though i claimed it before the 11th of Dec i did it on phone on 27th of Nov im thinking im surely eligable for the income support equivalent and carers as im not looking for work im caring full time any help would be greatful ty.

Replies

  • Richard_ScopeRichard_Scope Posts: 2,882

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  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    dan0102,
    Hi Dan,
    Hoping I've understood the query correctly. You claimed income support on 27th Nov which is before your area became part of the full service for universal credit. As such, you should have got IS, I think.

    It sounds as if you were on UC at some time in the past, but you were sanctioned (it may be helpful to know why you were sanctioned, & for how long). 

    I would agree with your view that if you are a carer getting carer's allowance & you claimed IS before the full service date for your postcode (I think this is more likely to be 12th Dec, not 11th, as UC full service dates were always Wednesdays, but don't worry too much about that), then you can get it. However, we need to look at the effect of the sanction. I had a look at the Universal Credit (Transitional Provisions) 2014 & they specifically deal with a situation where someone was on UC, got sanctioned & then returned to one of the old benefits (here Income Support).

    Regulation 34 of those regs says that the sanction terminates on the first day of entitlement to the old benefit. So the sanction cannot carry over into your Income Support.

    I'm not sure from your post above whether you have had a letter refusing you Income Support. If you have, then I think you should ask for a mandatory reconsideration saying:

    1) I applied for income support before the full service date for my postcode (in fact, well in advance of it). The date of my claim is the date of my call on 27th November because I claimed by phone. That is under Reg 6(1)(c) of the Social Security (Claims & Payments) Regulations 1987 (if you had to provide extra information after the phone call & you did this within the time provided then you should quote Reg 6(1)(d) & explain that you provided the info within the time).

    2) it does not matter that I was sanctioned during a previous UC claim because reg 34 of the Universal Credit (TP) Regs 2014 says that any sanction from UC terminates on the first day of entitlement to income support. 

    Hopefully that will work! I assume that you still get carer's allowance. 

    Good luck and do come back to the forum if you need more help.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    PS as regards the UC sanction, if you haven’t already asked for a mandatory reconsideration/appeal you might want to do that. Of course it depends what happened, but UC sanction decisions can be challenged by mandatory reconsideration with no time limit so worth considering.
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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