Doing the unthinkable: Jumping ship from legacy JSA to Universal Credit.  

 

dboy
 dboy
Member Admin
Joined: 9 months  ago
Posts: 168
05/11/2018 6:57 pm  

Ok let us just accept the inevitable and Universal Credit WILL be rolled out despite the calls.

So when is the best time to jump ship ?

How can we set ourselves up so that the actual transition is as painless as possible.

We could just waif for the mandatory migration day letter to arrive and take it from there assuming these draft proposals are passed as is then my migration will progress as follows any time after December 2020,

  1. Migration day letter arrives

Migration notice

44.—(1) The Secretary of State may, at any time, issue a notice (“a migration notice”) to a person who is entitled to an award of an existing benefit—

(a)informing the person that all awards of any existing benefits to which they are entitled are to terminate and that they will need to make a claim for universal credit; and

(b)specifying a day (“the deadline day”) by which a claim for universal credit must be made.

(2) The migration notice may contain such other information as the Secretary of State considers appropriate.

(3) The deadline day must not be within the period of three months beginning with the day on which the migration notice is issued.

(4) If the person who is entitled to an award of an existing benefit is, for the purposes of that award, a member of a couple or a member of a polygamous marriage, the Secretary of State must also issue the migration notice to the other member (or members).

(5) The Secretary of State may cancel a migration notice issued to any person—

(a)if it has been issued in error;

(b)if the Secretary of State has made a determination in accordance with regulation 4 (discretion to determine that claims for universal credit may not be made) that would affect a claim by that person; or

(c)in any other circumstances where the Secretary State considers it necessary to do so in the interests of the person, or any class of person, or to safeguard the efficient administration of universal credit.

(6) A “notified person” is a person to whom a migration notice has been issued.

Now it is possible to change the deadline date if you can provide good reason to delay it.

The Government have said they will give an extension to anyone who gets in touch and says they are struggling to make a claim to Universal Credit because of a mental health problem (or in some other situations, for example for people who are homeless.) They have also said in some circumstances they will postpone the move to Universal Credit in the long-term if someone is unwell.

45.—(1) The Secretary of State may determine that the deadline day should be changed to a later day either—

(a)on the Secretary of State’s own initiative; or

(b)if a notified person requests such a change before the deadline day,

where there is a good reason to do so.

(2) The Secretary of State must inform the notified person or persons of the new deadline day.

Once the deadline has passed your existing claim will be automatically closed.

Termination of existing benefits if no claim before the deadline

46.—(1) Where a notified person has not made a claim for universal credit on or before the deadline day, all awards of any existing benefits to which the person is entitled terminate—

(a)in the case of housing benefit, on the last day of the period of two weeks beginning with the deadline day; and

(b)in the case of any other existing benefit, on the day before the deadline day.

(2) An award of housing benefit to which a claimant is entitled in respect of specified accommodation or temporary accommodation does not terminate by virtue of this regulation.

(3) Where paragraph (1) applies and the notified person makes a claim for universal credit—

(a)after the deadline day; and

(b)on or before the final deadline specified in paragraph (4),

then, notwithstanding anything in regulation 26 of the Claims and Payments Regulations (time within which a claim for universal credit is to be made)(5) as modified by regulation 15 of these Regulations, the award is to commence on the deadline day.

(4) The final deadline is the day that would be the last day of the first assessment period in relation to an award commencing on the deadline day.

(5) This regulation is subject to regulation 47.

The idea here is to jump ship and not wait to migrated over.

It might seem a mad idea considering all the problems and extra burden that comes with Universal Credit but by taking control as and when we migrate could make the transition easier than waiting for the dreaded migration day letter.

So here are some thing to consider.

  • When you migrate you will have to wait 6 months (26 weeks ) before you can apply for a budgeting advance which replaces the old budgeting loans, so you might want to consider getting a loan beforehand.
  • If you still have 14 days holiday entitlement left on legacy then you will lose those after migrating, so might want to look into using those up.
  • If you have not had any of your 14x2 self certified sick days (JSA28) in any job seeking period  you will also lose those after migrating.

Now the biggest bug bear apart from dealing with the payment system element of Universal Credit for someone on legacy JSA moving to Universal Credit is changing from a step based regime (more than 2 in any week etc) to a 35 hours per week jobs seeking regime.

Also your only allowed 2x7 days self certification on Universal Credit and any hardship payments have to be paid back.

Bearing in mind this scenario is based on the draft legislation and some rules do not apply at present such as the run on of 2 weeks  JSA.

So when the letter arrives I have between 4 and 12 weeks to close my claim or it will be closed for me. for the sake of argument we will assume I have been given 4 weeks.

Before I close my Claim

My first the worry would make me ill so if I do have any outstanding self certified sick days I would take them now, which would be normally fourteen days.

If I have any Budgeting loan allowance left over I would also apply for that straight away online.

https://www.gov.uk/budgeting-help-benefits

Finally after coming off my sickness I would only only have 1 more signing session at which point I close my claim.

I should then receive 2 weeks JSA and a fortnight later a further 2 weeks JSA.

My housing benefit should also run on for a further 2 weeks.

I then go home and make a online application for Universal Credit.

Normally I would be called into the JCP to complete my claim within a few days of applying then they will go through some questions and be asked provide ID etc.

They will arrange a time and date for my next appointment when my claimant commitment will be setup, I will also be given a pin code which is a "one time use" and a extra security measure for the next time I login to my Universal Credit Account.

Once I have entered the pin and username password the next time I login, it will only ask for my username and password as normal. The pin is for a one time use only.

When I have logged for the second time after my claim has been setup I can now apply for a same advanced payment which is a simple process you can go through on your UC account.

So in theory I should now have 2 weeks JSA then a few days later a 100% advanced payment and two weeks later a further 2 weeks JSA then 3 weeks after that my first UC payment. Plus any budgeting loan if applied.

Work in progress this may not be accurate benefit Law changes often !

 

 

 

 

 

 

Practising Anarchist, Pacifist and Minimalist.


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