Early Warning System eBulletin - October 2022

The Early Warning System collects case examples from welfare rights advisers. We use this evidence for campaigns, in discussions with government, and in advice resources.

This month, we have heard a lot about using online universal credit accounts.

Switching from an online account to phone and paper
When not to use the change of circumstances tab

Read more about what advisers are saying and what CPAG is doing below.

Call for evidence in October: we want to hear about anyone who has had a letter telling them that their legacy benefit is stopping and that they need to claim UC. Tell us about your cases by completing an online form or emailing the Early Warning System. And read CPAG's latest blog about managed migration.

UC offline: making a claim and managing an award

You don't have to apply for UC over the internet. You can claim by phone instead if you'll struggle to manage an online UC account. Those who claim by phone will have their ongoing award administered through phone calls and letters, instead of using an online journal, to-do-list, and so on.

Unfortunately, this option hasn't always been well-publicised.

The relevant law is in regulation 8 of the Universal Credit (...) (Claims and Payments) Regulations 2013. There's DWP guidance acknowledging that 'not everyone will be able to make and maintain their claim online for a variety of good reasons.'

The Gov.uk website now acknowledges that 'if you cannot claim online, you can claim by phone through the universal credit helpline'. (emphasis added)

But for a long time, until at least 2019, the same webpage stated 'you need to apply for Universal Credit online' – and it didn't mention any alternatives.

The recorded options on the UC helpline do not include an option to make a telephone claim. And the managed migration notices being sent to soon-to-be-UC claimants only talk about claiming online.

It's clear that a number of UC claimants have applied online, believing this was their only option, despite (for example) not having reliable internet access, or having a health condition that meant they couldn't manage an online account. It's not surprising that we now hear that these claimants are in difficulty.

Switching from online to offline

The good news is that somebody struggling with an online account can ask the DWP to switch them to a paper- and phone-based approach. Their online account still exists, but the DWP no longer uses it to communicate with them. This is confirmed in DWP guidance, but that guidance could be clearer – and that might explain why the Early Warning System sees case examples where a DWP agent has refused a request to switch.

CPAG has produced a template judicial review pre-action letter on this topic, which sets out the relevant law and guidance in full. It can be used by advisers to help get their client moved to a phone- and paper-based account. Our Judicial Review Project is on hand to help you adapt and use the letter.

The Early Warning System will be writing to the DWP this month about claimants' attempts to 'switch' to a non-digital UC account. Please get in touch if you have a case example.

We're aware that many claimants have problems with the non-digital option, too: long telephone waiting times, telephony agents who are not confident about the rules, and documents like payment statements not being posted out when they should. Please tell us about these issues as well.

Switching to paper- and telephone-based communications for UC is an example of a reasonable adjustment. You can read CPAG's latest article on reasonable adjustments for benefit purposes.

Using UC's report a change function

If a UC claimant has a change of circumstances, they must normally use the Report a change tab on their online account to let the DWP know, or notify it by phone.

A claimant might be tempted to use the online journal to report a change instead, but – perhaps surprisingly – this can cause real problems.

We heard in August about a claimant who reported a rent increase on his UC journal, but received a reply saying that this was insufficient and that his UC award couldn’t be adjusted until he used Report a change.

The DWP’s argument went as follows. First, it has the power to ‘determine’ how a claimant can validly declare a change of circumstances. This is roughly right in law. Second, it has been ‘determined’ that only the Report a change tab would do in this situation. This step in the DWP’s argument is less obviously right; but, to avoid a legal debate and minimise the risk of a client losing out on their entitlement, it will generally be good advice to point them towards Report a change in the first place.

However, there are some situations when Report a change should probably be avoided. For example, if a couple claims UC and one of them dies, their partner will be best advised to report this change in the journal, by phone or in the Jobcentre. This is to try to ensure that they don’t miss out on the bereavement run-on of UC.

Likewise, if a claimant is temporarily absent from home as a result of domestic abuse, they might be best advised to report this change by phone or in person at the Jobcentre. This is to try to ensure that they get the right housing costs help for their main home during their temporary absence. The Early Warning System has heard from advisers about claimants who used Report a change in this situation, only to find that crucial questions about their absence weren’t asked and they were then underpaid.

The law on how to report a change of circumstances for UC is in regulation 38(4-5) and Schedule 2 to the Universal Credit (Claims and Payments) Regulation 2013, and in the Social Security (Electronic Communications) Directions.

Contact CPAG's advice services if you are unsure about whether something counts as a change of circumstances.

Do you have something to tell us?

Hearing about your cases has a profound impact on our work.

Some of the topics we are looking out for include:

Deductions from UC – How much are your clients living on, after deductions for advances, overpayments, and third party debt?
The benefit cap – We need real case studies showing its impact on families.
'Reasonable adjustments' not being made – Anything from a client struggling with their online UC account, to a phone appointment being refused, to inappropriate work-related requirements.
Submit a case online or email the Early Warning System to tell us more. We can also be reached by phone on 0207 812 5226.

If you know an individual who would like to contact us directly about their own case, please let them know about our contact form for non-advisers.