Joint UC claims, appeals and relationship breakdown

I have a scenario which I have not dealt with before and would be interested in views.

My client is Mrs A. She lived for a time with Mr A. Mr A has a liability for housing costs to a family member. They made a joint claim for UC and DWP refused the HCE on the grounds of non-commerciality. Mrs A is appealing that decision (Mr A is not strictly a party to the appeal but was supporting Mrs A’s appeal). Mr A was the payee for UC on the joint claim. The rent has been paid by the subsistence benefit and from Mrs A borrowing money from family and friends so the rent account is essentially up to date.

Mr A has now left Mrs A. Mrs A is going to stay in the property and Mr A’s family member has agreed to issue a new tenancy agreement in her name. Mrs A is concerned that should the appeal be successful, the DWP will pay the arrears to Mr A’s account and she will never see them again, leaving her owing debts.

I am aware that DWP has broad powers to pay either partner on a joint claim or to split the payment - reg 47 C&P Regs - (although I have only heard of that in the context of DV). It seems that there is at least an argument that the arrears should be paid to Mrs A given that she has been the one discharging the rental liability. 

How, in practice, should I go about arguing that payment ought to be made to Mrs A? Who should that argument be made to and do I have to wait for the appeal to be resolved?

I think I would add the request to every piece of correspondence about the challenge, to DWP and to HMCTS. Then I would prepare to complain when it is just paid to Mr A anyway…

Have you thought of requesting it is paid to the landlord instead? That might be easier for UC systems to manage

Here is some information about applying for a split payment….
3. Split Payments
In very exceptional circumstances payment of Universal Credit can be divided between two
members of the household. This is known as a Split Payment. Split Payments are to prevent
hardship to the claimant and their family and should only be considered in certain specific
situations eg domestic violence or where financial abuse occurs and one partner
mismanages the Universal Credit payment. Unlike appointee action, the claimant keeps full
responsibility for their claim.
What is a Split Payment?
A Split Payment is when the household Universal Credit award (which would normally be
paid into a nominated account) is divided between two claimants in the household.
With a Split Payment the claimant(s) keeps responsibility for their claim and any related
activity (eg work programme activity).
A Split Payment can be paid to two separate members of the household, with the larger
percentage allocated to the person with primary caring responsibilities ie the one with child
care. This is to ensure the health and well-being of the majority of the household.
If a Split Payment is to be made, the decision maker must also consider a Managed Payment
of the Universal Credit housing element to the landlord where there is a rental liability.
When are Split Payments considered?
Split Payments are normally considered to prevent hardship to the claimant and their family,
for example if the Universal Credit claimant is not managing their financial affairs and not
meeting their family’s day to day needs. Split Payments should be considered when:
 the claimant notifies DWP of financial mismanagement and/or financial abuse
 the claimant notifies DWP that there are domestic violence issues
 the claimant cannot or will not budget for their own or their family’s basic day to day
needs
Can a claimant appeal against an Alternative Payment Arrangement?
The decision to award an APA is made by the Universal Credit Agent, normally a decision
maker/work coach, or account developer acting on behalf of the Secretary of State. There is
no right of appeal against the decision, however the decision can be reviewed by the same or
another Universal Credit Agent if further information is provided.