Regulation 13 Incorrect information regarding entitlement to claim

(1)

This regulation applies where a claim for universal credit is made and it is subsequently discovered by the Secretary of State that the claimant gave incorrect information regarding any of the requirements of regulations 5 to 12 and did not in fact fall within the Pathfinder Group on the date on which the claim was made.

(2)

Where the discovery is made before the claim for universal credit has been decided—

(a)

the claimant is to be informed that they are not entitled to claim universal credit;

(b)

if the claimant makes a claim for jobseeker’s allowance, employment and support allowance or income support (“the existing benefit”) and the date on which that claim is made (as determined in accordance with the Social Security (Claims and Payments) Regulations 1987^f1 (“the 1987 Regulations”)) is after the date on which the claim for universal credit was made, but no later than one month after the date on which the information required by sub-paragraph (a) was given—

(i)

the claim for the existing benefit is to be treated as made on the date on which the claim for universal credit was made; and

(ii)

any provision of the 1987 Regulations under which the claim for the existing benefit is treated as made on a later date does not apply;

(c)

if the claimant makes a claim for housing benefit and the date of that claim (as determined in accordance with the Housing Benefit Regulations 2006^f2 or, as the case may be, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006^f3 (together referred to as “the Housing Benefit Regulations”)) is after the date on which the claim for universal credit was made, but no later than one month after the date on which the information required by sub-paragraph (a) was given—

(i)

the claim for housing benefit is to be treated as made on the date on which the claim for universal credit was made; and

(ii)

any provision of the Housing Benefit Regulations under which the claim for housing benefit is treated as made on a later date does not apply;

(d)

if the claimant makes a claim for a tax credit and that claim is received by a relevant authority at an appropriate office (within the meaning of the Tax Credits (Claims and Notifications) Regulations 2002^f4 (“the 2002 Regulations”)) during the period of one month beginning with the date on which the information required by sub-paragraph (a) was given—

(i)

the claim is to be treated as having been so received on the date on which the claim for universal credit was made; and

(ii)

any provision of the 2002 Regulations under which the claim is treated as having been made on a later date does not apply.

(3)

Where the discovery is made after a decision has been made that the claimant is entitled to universal credit, but before any payment has been made—

(a)

that decision is to cease to have effect immediately, by virtue of this regulation;

(b)

the claimant is to be informed that they are not entitled to claim universal credit; and

(c)

paragraph (2)(b) to (d) applies.

(4)

Where the discovery is made after a decision has been made that the claimant is entitled to universal credit and one or more payments have been made to the claimant—

(a)

the claim is to be treated as one which the claimant was entitled to make;

(b)

the decision is to be treated as a decision under section 8 of the Social Security Act 1998; and

(c)

the award shall continue, if the claimant meets the conditions of entitlement for universal credit^f5.

Annotations

Footnotes

f1: S.I. 1987/1968, as amended.
f2: S.I. 2006/213, as amended.
f3: S.I. 2006/214, as amended.
f4: S.I. 2002/2014, as amended.
f5: See s.3 of the Act.