Decision made 18th Sept 2018 by Judge Jacobs – Withdrawal of UC claim isn’t retrospective – ie cannot undo what has happened / re-write history.
In this case the claimant withdrew their UC claim after the stop notice had been issued and was not allowed back on Tax Credits
Decision made 15th July 2021 by Judge Mitchell - Withdrawal of a Universal Credit claim before the Department for Work and Pensions had issued a ‘stop notice’ for the purposes of regulation 8 of the Universal Credit (Transitional Provisions) Regulations 2014 meant that the claimant’s entitlement to tax credit was not to be terminated. This is because the Judge felt that the issuing of the stop notice was the first point at which there was evidence that the Secretary of State had made a decision that the claimant met these four basic conditions.
CTC/923/2018 MR v DWP
Decision made 3rd December 2021 by Judge Poynter - for the Secretary of State to be satisfied that the basic conditions of entitlement are met, she must be satisfied that they are met properly (and not just superficially, as Judge Jacobs argues in his decision in SK).
Decision made 19th January 2022 by Judge Jacobs - Regulation 8 of the Universal Credit (Transitional Provisions) Regulations 2014 - basic condition in section 4(1)(c) of the Welfare Reform Act 2012 - is to be read for transitional purposes without reference to the qualifying regulations made under section 4(5)(a) ie in GB is just physical presence and does not consider HRT etc.
DWP Rep argues that decision-making on an online claim for UC is in two stages. First stage, the basic conditions in section 4(1)(a)-(d) are checked. At the second stage all the conditions of entitlement are assessed.
The Rep explained that – the UC service is designed so that the info provided by a claimant via their online claim is sufficient for the SofS to be satisfied that the claimant meets the basic conditions of entitlement to UC for the purposes of Reg 8, by collecting information that relates to age, address and educational status…..In practice a stop notice is issued by the system automatically when a valid UC claim is made, not when it is decided.
JL v Calderdale Council & DWP (UC): UKUT 9 (AAC)
Decision made 19th January 2022 by Judge Jacobs - Universal credit - transition from tax credit - Regulation 8 of the Universal Credit (Transitional Provisions) Regulations 2014 - the withdrawal of a claim has no effect on the operation of regulation 8 of the Universal Credit (Transitional Provisions) Regulations 2014. UC online claim only allows the claim to be submitted if basic conditions in section 4(1)(a)-(d) of Welfare Reform act met – this is therefore the point at which the SofS satisfied that Reg 8(1)(b) takes effect– it is at that moment that that Reg 8 takes effect ending any HB, TC or IS award regardless of when stop notice issued.