Client wrongly advised by another agency to claim UC while self isolating on SSP

Have a client who unfortunately was wrongly advised to claim UC during a short period recently where she was claiming SSP while isolating.

She’s in receipt of ERDL on PIP and was also getting WTC with a Severe Disability Element in it - the impact of claiming UC will leave her £90 per week worse off.

I was wondering if anyone was aware of any avenues we could go down to get this situation resolved - the UC claim hasn’t gone into payment and won’t for a few weeks.

Clearly it’s not an SDP gateway situation as that doesn’t include Tax Credits, she didn’t receive any HB or Legacy benefits with an SDP in payment.

It’s a horrendous situation for her, though it’s one that I’m not sure if there’s any way of us getting sorted for her.

We’ve had quite a few similar cases with mixed-age couples previously claiming PC and/or HB and we’ve not had any joy in resolving their situations unfortunately.

It seems to be far too common a problem - secretary of state has said she is looking into it - https://www.rightsnet.org.uk/manage-subscriptions/edit-member/13895 - not that that helps your client now

We made exactly that point to Pension Service last week about a case whereby a MAC had been advised to claim UC when the wife stopped work, when her husband was already claiming PC and HB as well as PIP. They said nothing doing.

Doesn’t mean it isn’t worth asking but it’s important for the client to know that it may be unlikely,

Have a look at this thread, may have an argument worth considering:

https://www.rightsnet.org.uk/forums/viewthread/16002/

Having said that it’s a very risky business, because she’d need to withdraw her UC claim in the hope that a new claim for tax credits would be successful, which it may well not be, at least not without a fight. But it’s an option you can advise her on, as long as you explain the risks.

Cheers

Alex