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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Cost of Living Payments when joint claim ends

MartinB
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Hi
I have a case of a joint claim for UC which ended on 21st May, and they both continued as single claimants…
He’s been told he can’t get the cost of living payment as only one payment per joint claim - I’m assuming that the payment will go to his ex-partner.  It was her bank account.

The joint claim ended 21st May, and cost of living payment is for UC Assessment Periods that end between 26/4-25/5.

I’m trying to get my head around whether they should both get the cost of living payments as single claimants - does anyone have any thoughts on this?

Thanks

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Seems clear to me that only one can get the CoL based on the (joint) claim that had gave rise to entitlement by virtue of an AP that ended during the qualifying period.

Both will (presumably, pending confirmation of qualifying conditions) each get the second payment 0f £324 later in he year.

MartinB
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Thanks for this
Is there an argument that when the joint claim separates, they both keep the existing AP and so they both now have a single UC claim in payment during the AP ending 26/4-25/5?


Yes, I think the second payment will be clear.

Elliot Kent
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What do we mean by “The joint claim ended 21st May”?

Isn’t the position here that when the couple breaks up, this is a change of circumstances which has the effect of disentitling the couple to UC as such from the start of the AP in which the change occurs, but then - through reg 9(6) C&P and reg 21(3) UC Regs - a new entitlement as a single person arises immediately on the same payment cycle.

Or in a simpler sense, if the couple separated on 21 May and their AP ran (say) from the 5th to the 4th, the final joint award AP would be 05/04/22 - 04/05/22 and the first single award(s) AP would be 05/05/22 - 04/06/22 (so in that case, there would be no entitlement)

But it would surely just be the case that either (a) the final joint award AP ended in the period 26/04/22 - 25/05/22 in which case entitlement is to the couple or (b) the first single award AP ended in the period 26/04/22 - 25/05/22 in which case entitlement lies with the single claimants.

[ Edited: 18 Jul 2022 at 10:09 am by Elliot Kent ]
Ianb
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I read the opening post to mean that the joint claim existed until 21st May being the last day of the AP in which they were still a couple.
I agree if it actually meant that the split took place on 21st May resulting in the UC no longer being a couple claim from an earlier date then it is possible that both could get CoL depending on the dates.

MartinB
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Thanks very much, both

Yes, this makes sense now!

It will depend on the AP dates (and I’m waiting for the client to confirm this).

Martin