Legacy benefit claims by claimants with more than 2 children

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Charles Ellinson

Dear Department for Work and Pensions,

S.I. 2017/376 Reg. 4 provides for allowing claims for Income Support, Tax Credits and Housing Benefit by claimants with more than 2 children. However, no such exception seems to have been legislated for allowing such claimants to make claims for JSA(ib) and ESA(ir).

The existing provision in the No. 9 Commencement Order (Article 5A) allows claims for JSA(ib)/ESA(ir) to be made by people unable to claim UC because of a determination made by the Secretary of State under Regulation 4 of the Transitional Regs. However, this does not seem to have been amended to allow claims by claimants with more than 2 children.

Furthermore, claimants living in the SM5 2 postal sub-district with more then 2 children would not even seem to be allowed to claim IS/TC/HB, since their Commencement Order (No. 21) was not amended at all by 2017/376.

Please can you provide me with the legal basis relied on by the department to allow the above claims to be made.

Yours faithfully,

Charles Ellinson

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Charles Ellinson left an annotation ()

Slight error in the reply - it's S.I. 2017/483, not 438.