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Chapter M1: Pathfinder Group - claims for UC

Contents
Introduction
M1001:First stage
M1005:Second stage
Definitions
M1006:Meaning of JSA and ESA
M1007:Meaning of existing benefit
M1008:Meaning of Pathfinder Group
M1009:Meaning of new claimant partner
M1010:Meaning of date of claim
M1021:Who can claim UC
Formation and separation of couples
M1022:Formation of couple - treated as making a claim
M1023:Formation of couple - no claim required
M1024:Former joint claimants - claim required
M1025:Former joint claimants - no claim required
M1026:Earned income - no claim required
M1041:Exception - Claimant entitled to SPC or existing benefit
M1070:Pathfinder Group
M1072:Personal characteristics

Fitness to work
M1075:Pregnancy
M1080:Limited capability for work
M1085:Entitlement to other benefits
M1086:Decision on entitlement to other benefit awaited
M1087:Decision on appeal awaited
M1100:Award of JSA ends
M1101:Award of ESA ends
M1105:Treated as entitled to Tax Credit
M1110:Income and capital
M1112:Housing
M1120:Caring responsibilities
M1121:Responsible for a young person
M1122:Foster parent
M1130:Other requirements
M1150:Claims for UC - claimant not in Pathfinder Group
M1155:UC claim awaiting decision
M1156:Claim for JSA, ESA or IS
M1157:Claim for HB
M1158:Claim for Tax Credits
M1170:Claimant entitled to UC - no payment made
M1175:Claimant entitled to UC - payment made
Relevant districts ................................................................................... Appendix

Chapter M1: Pathfinder Group - claims for UC

Contents
Introduction
M1001:First stage
M1005:Second stage
Definitions
M1006:Meaning of JSA and ESA
M1007:Meaning of existing benefit
M1008:Meaning of Pathfinder Group
M1009:Meaning of new claimant partner
M1010:Meaning of date of claim
M1021:Who can claim UC
Formation and separation of couples
M1022:Formation of couple - treated as making a claim
M1023:Formation of couple - no claim required
M1024:Former joint claimants - claim required
M1025:Former joint claimants - no claim required
M1026:Earned income - no claim required
M1041:Exception - Claimant entitled to SPC or existing benefit
M1070:Pathfinder Group
M1072:Personal characteristics

Fitness to work
M1075:Pregnancy
M1080:Limited capability for work
M1085:Entitlement to other benefits
M1086:Decision on entitlement to other benefit awaited
M1087:Decision on appeal awaited
M1100:Award of JSA ends
M1101:Award of ESA ends
M1105:Treated as entitled to Tax Credit
M1110:Income and capital
M1112:Housing
M1120:Caring responsibilities
M1121:Responsible for a young person
M1122:Foster parent
M1130:Other requirements
M1150:Claims for UC - claimant not in Pathfinder Group
M1155:UC claim awaiting decision
M1156:Claim for JSA, ESA or IS
M1157:Claim for HB
M1158:Claim for Tax Credits
M1170:Claimant entitled to UC - no payment made
M1175:Claimant entitled to UC - payment made
Relevant districts ................................................................................... Appendix

Chapter M1: Pathfinder Group - claims for UC

Introduction

M1001 First stage

This Chapter gives guidance on who can claim UC in the first stage of transition
from existing benefits to UC. Claims can be made
1. by people who fall in the Pathfinder Group (1) and
2. in specified circumstances, by people (including joint claimants) whether or
not they fall in the Pathfinder Group (2).

1 UC (TP) Regs 13, reg 3(1); 2 reg 3(2) & (4) and 14

M1002

The first stage began on 29.4.131, in selected areas known as relevant districts. The
relevant districts have since been extended. See the Appendix for further details.

1 UC (TP) Regs 13, reg 1(2)

M1003

For guidance on the effects of entitlement to UC for Pathfinders and new claimant
partners, see ADM Chapter M2 (Pathfinder Group - effect of transition to UC).

M1004

The guidance in this Chapter and ADM Chapter M2 applies where
1. a claim for UC was made before 16.6.14 and
2. no payment has been made before that date (1).
1 UC (TP) Regs 14, reg 3(2); 2 reg 3(4)

M1005 Second stage

The second stage of transition from existing benefits to UC applies to certain claims
or awards made on or after 16.6.141. Guidance on the second stage is given in ADM
Chapter M3 (Gateway conditions - claims for UC from 16.6.14) and ADM Chapter
M4 (Gateway conditions - effects of transition to UC from 16.6.14).
1 WR Act 12 (Commencement No. 17 etc) Order, art 3(1); UC (TP) Regs 14, reg 1(2)
Definitions

M1006 Meaning of JSA and ESA

In this Chapter and ADM Chapter M2 (Pathfinder Group - effect of transition to UC)
1. "JSA" means JSA(IB) or JSA(Cont) as defined before the date from which
claims for UC can be made in the relevant districts
2. "new style JSA" means JSA as defined for UC claimants in the relevant
districts i.e. contribution based only
3. "ESA" means ESA(IR) or ESA(Cont) as defined before the date from which
claims for UC can be made in the relevant districts
4. "new style ESA" means ESA as defined for UC claimants in the relevant
districts i.e. contribution based only (1).
Note 1: See ADM Chapters V7 and S8 for guidance on when claims to JSA and
ESA can be made in the relevant districts.
Note
2: See the Appendix for the date from which claims for UC can be made in the
relevant districts.
1 UC (TP) Regs 13, reg 2; WR Act 12, Sch 3 & 14 Part 1; JS Act 95; WR Act 07, Part 1

M1007 Meaning of existing benefit M1041 M1042 M1085

Existing benefit means (1)
1. JSA(IB)2
2. ESA(IR)3
3. IS (4)
4. HB (5)
5. CTC (6)
6. WTC (6).
1 UC (TP) Regs 13, reg 2(1); 2 JS Act 95; 3 WR Act 07, Part 1; 4 SS CB Act 92, s 124; 5 s 130; 6 TC Act 02

M1008 Meaning of Pathfinder Group

A person is in the Pathfinder Group if they
1. live in the relevant districts in the Appendix and
2. meet the requirements in M1072 - M1131 (1).
1 UC (TP) Regs 13, reg 4 - 12

M1009 Meaning of new claimant partner

Where
1. a person is entitled to UC as a single person and
2. the award terminates when they become a member of a couple and
3. the other member of the couple was not entitled to UC as a single claimant
immediately before the formation of the couple and
4. an award of UC is made to the couple as joint claimants
the other member of the couple is known as a new claimant partner (1).
Note: See ADM Chapter A2 for detailed guidance on claims.
1 UC (TP) Regs 13, reg 2(1) and 16(1) & (2)

M1010 Meaning of date of claim

For the purposes of claims from a Pathfinder (1), the date of a claim for UC is normally
1. the date it is received, whether made electronically or by telephone or
2. if later, the first day for which the claim is made (2).
See Chapter A2 (Claims) for detailed guidance on the date of UC claims, including
exceptions to the normal rule.
1 UC (TP) Regs 13, reg 2(2); 2 UC, PIP, JSA & ESA (C&P) Regs, reg 10

[M1011-M1020]

M1021 Who can claim UC

Claims for UC in the first stage of transition to UC can only be made
1. where the claim is for a period on or after 29.4.13 and
2. by single people in the Pathfinder Group (1).
Note: But see M1022 et seq for guidance on claims from couples or former
members of couples.
1 UC (TP) Regs 13, reg 3(1)
Formation and separation of couples

M1022 Formation of couple - treated as making a claim M1021 M1041 M1150

Where
1. a single UC claimant forms a couple, and as a result their UC award is
terminated and
2. the other member of the couple was not entitled to UC as a single claimant and
3. they are joint claimants
they are treated as making a claim for UC, even though they do not fall within the
Pathfinder Group on the date on which the claim is made (1). But see M1040 et seq for
where this does not apply. See ADM Chapter A2 for guidance on claims.
1 UC (TP) Regs 13, reg 3(4); UC, PIP, JSA & ESA (C&P) Regs, reg 9(8)

M1023 Formation of couple - no claim required M1043 M1150

Where
1. two single UC claimants form a couple and
2. they are entitled to UC as joint claimants without the need for a claim (1)
an award of UC can be made even though they would not fall within the Pathfinder
Group (2). But see M1040 et seq for when this does not apply.
1 UC (TP) Regs 13, reg 14(1); UC, PIP, JSA & ESA (C&P) Regs, reg 9(7)

M1024 Former joint claimants - claim required M1042

Where
1. an award of UC to joint claimants terminates because they separate and
2. the claimant who is not exempt from the requirement to make a claim makes
a claim for UC within one month, starting from the date they notify the
Secretary of State that they ceased to be a couple (1)
a claim may be made even though the claimant does not satisfy the Pathfinder
Group conditions on the date of the claim (2). But see M1041 for where a claim cannot
be made. See ADM Chapter A2 for guidance on claims.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(6); 2 UC (TP) Regs 13, reg 3(2)

M1025 Former joint claimants - no claim required M1043

Where a UC joint claim couple separates, the person who
1. does not notify the change of circumstances or
2. notifies it after the other member of the couple has notified the change
is not required to make a claim in order to be awarded UC (1). See ADM Chapter A2
for further details. An award can be made even if the person does not fall within the
Pathfinder Group (2). But see M1040 et seq for where this does not apply.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(6); 2 UC (TP) Regs 13, reg 14(1)

Example

Edith and Jonny are entitled to UC as joint claimants from 10.7.13.
On 24.9.13 Jonny notifies that Edith returned to her parents' home on 15.9.13, and is
now pregnant. He makes a further claim for UC, including a request for the claim to
be backdated, and is entitled from 10.9.13 as a single claimant. Edith is entitled to
UC from 10.9.13 as a single claimant without the need for a claim, even though she
no longer falls within the Pathfinder Group. Both Edith and Jonny continue to satisfy
the conditions of entitlement to UC.

M1026 Earned income - no claim required M1043

In cases where it is decided that
1. a person is no longer entitled to UC solely due to the level of earned income,
but becomes entitled again within six months or
2. on a claim for UC, a person is not entitled to UC solely due to the level of
earned income, but becomes entitled within six months
a claim to UC is not required in order to award UC (1). See ADM Chapter A2 (Claims)
and Chapters H3 and H4 (Earned income) for detailed guidance. In these
circumstances, the claimant is entitled to UC even if they do not fall within the
Pathfinder Group (2). But see M1040 et seq for when this does not apply.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 6(1); UC (TP) Regs 13, reg 14(1)
M1027 - M1040

M1041 Exception - Claimant entitled to SPC or existing benefit M1024 M1044

A claim for UC as in M1022 by a former joint claimant, who is not exempt from the
requirement to claim (1), cannot be made where the claimant or their partner is entitled to
1. SPC
or
2. an existing benefit (2) (see M1007).
In order to become entitled to UC, the claimant or partner would need to relinquish
entitlement to SPC or the existing benefit. See ADM Chapter A4 (Supersession) for
guidance on relinquishing an award of benefit.
Note: See M1044 where the existing benefit is HB paid for exempt accommodation.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(6); 2 UC (TP) Regs 13, reg 3(3)

Example

Terry and Adrienne are entitled to UC as joint claimants. Terry notifies DWP that he
and Adrienne have separated, and he has moved in with Cheryl, who is entitled to
SPC. Terry is required to claim again if he wishes to be entitled to UC. Terry and
Cheryl must choose whether to claim UC, in which case Cheryl would need to give
up her entitlement to SPC, or to stay on SPC, which would be superseded to award
the couple rate.

M1042

A claim for UC by joint claimants as in M1024 cannot be treated as made (1) where the
member of the couple who was
1. a single UC claimant, is entitled to
1.1 SPC
or
1.2 an existing benefit (2) (see M1007) or
2. not entitled to UC as a single claimant, is entitled to SPC.
In order to become entitled to UC, the claimant or partner would need to relinquish
entitlement to SPC or the existing benefit. See ADM Chapter A4 (Supersession) for
guidance on relinquishing an award of benefit.
Note: See M1044 where the existing benefit is HB paid for exempt accommodation.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(8); 2 UC (TP) Regs 13, reg 3(5)

M1043 M1044

An award of UC without a claim as in M1023 (former joint claimant not required to
claim), M1025 (former single claimants not required to claim as joint claimants) or M1026(earned income) cannot be made if the claimant, or in the case of joint
claimants, either claimant, is entitled to
1. SPC
or
2. an existing benefit (1).
In order to become entitled to UC, the claimant or partner would need to relinquish
entitlement to SPC or the existing benefit. See ADM Chapter A4 (Supersession) for
guidance on relinquishing an award of benefit.
Note: See M1044 where the existing benefit is HB paid for exempt accommodation.

1 UC (TP) Regs 13, reg 14(3)

M1044 M1041 M1042 M1043

The guidance at M1041 - M1043 does not apply where the UC claim is made or
treated as made by a claimant who is entitled to HB paid for exempt
accommodation (1). See ADM F2033 for the meaning of exempt accommodation.
1 UC (TP) Regs 13, reg 3(3)(b) & (5)(a)(ii) & 14(3)(b); reg 2(1) & 3(6); UC Regs, Sch 1, para 1
M1045 - M1069

M1070 Pathfinder Group

A person falls within the Pathfinder Group if they
1. live in the relevant districts in the Appendix to this Chapter and
2. meet
all the requirements in M1072 - M1131 (1).

1 UC (TP) Regs 13, reg 4(1)

M1071

In order to meet some requirements, the claimant must make a declaration by
whatever method is required by the Secretary of State (1). This will usually be by
asking the claimant a question relevant to the declaration. See M1080 and M1130 1.
and 3. for further details of where a declaration is required.
1 UC (TP) Regs 13, reg 4(2)

M1072 Personal characteristics M1008 M1070

The person must be
1. aged at least 18, and under 60 years and six months (1) and
2. single (2) and
3. a British citizen who
3.1 has lived in the UK continuously for two years before the date of the UC
claim and
3.2 has not left the UK for any reason for a continuous period of four weeks
or more during the period in 3.13.
1 UC (TP) Regs 13, reg 5(a); 2 reg 5(b); 3 reg 5(c)

Example

Brendan is single and 21 years old. He is a British citizen who was born and lives in
the UK. After completing his university course on 5.7.13, he goes to work in a hotel
in France, returning to the UK on 8.10.13 when the contract ends. Brendan has no
income, and needs to claim a means-tested benefit while he looks for work. As he
has been out of the UK for more than four weeks, Brendan is not a member of the
Pathfinder Group and is not eligible to claim UC. He claims JSA.

[M1073-M1074]

Fitness to work

M1075 Pregnancy

A person who
1. is pregnant
or
2. has been pregnant, where the date of her confinement was within 15 weeks
before the date of the UC claim
does not fall within the Pathfinder Group (1).

2 UC (TP) Regs 13, reg 6(1)

M1076

Confinement
means (1)
1. labour resulting in the birth of a living child or
2. labour after 24 weeks of pregnancy resulting in the birth of a child whether
alive or dead
and where labour begins on one day and the child is born on another day, she is
treated as having been confined on the date of the birth.
1 UC Regs, reg 8(4); UC (TP) Regs 13, reg 6(2)

Example

Cleo's baby was born on 14.8.13, but only survives for a few hours. She is not
entitled to any benefits while she is living with her partner, who is in F/T employment.
On 9.10.13 her partner leaves the household, and Cleo contacts the DWP to claim a
means-tested benefit. Cleo is not eligible to claim UC, as it is less than 15 weeks
since her baby was born, and she claims JSA(IB).

[M1077-M1079]

M1080 Limited capability for work M1071

A person who falls within the Pathfinder Group
1. must not have or be waiting for a doctor's statement in respect of the day on
which the UC claim is made, unless it has subsequently been determined that
they do not have LCW 1 and
2. must not be waiting for a doctor's statement (2) and
3. must declare that they do not consider themselves to be unfit for work (3) and
4. must not have had a determination that they have LCW, unless it has
subsequently been determined that they do not have LCW (4).
1 UC (TP) Regs 13, reg 6(3)(a); SS (Med Ev) Regs, Sch 1, Part 1; WR Act 07;
2 UC (TP) Regs 13, reg 6(3)(b); 3 reg 6(3)(c); 4 reg 6(3)(d); WR Act 07

Example 1

Bryn was entitled to ESA(IR). His award ends on 26.9.13 when he is treated as not
having LCW after he failed without good cause to attend a medical examination.
Bryn has a current doctor's statement which is due to expire on 9.11.13. Bryn is not
eligible to claim UC. He can claim ESA(IR) or JSA(IB) instead.

Example 2

Tamara's entitlement to ESA(IR) ends on 4.6.13 after she is found not to have LCW
following application of the WCA. Tamara satisfies all the Pathfinder Group
requirements, and is eligible to claim UC.

[M1081-M1084]

M1085 Entitlement to other benefits M1086 M1087

To fall in the Pathfinder Group, the person must not be entitled to (1)
1. an existing benefit (see M1007) or
2. JSA(Cont)
or
3. ESA(Cont)
or
4. IB
or
5. SDA
or
6. DLA (2) or
7. PIP (3).
Note: References to JSA(Cont) and ESA(Cont) mean awards of those benefits
made under legislation as in force before 20134.
1 UC (TP) Regs 13, reg 7(1); 2 SS CB Act 92, s 71; 3 WR Act 12, s 77;
4 UC (TP) Regs 13, reg 2; JSA Regs 96; ESA Regs 08

M1086 Decision on entitlement to other benefit awaited M1102

The person must not be waiting for
1. a decision on a claim for any of the benefits in M1085 1. - 3.1 or
2. the outcome of an application for revision (2) of a decision that the person is not
entitled to
2.1 JSA
or
2.2 ESA
or
2.3 IS
or
2.4 HB.
1 UC (TP) Regs 13, reg 7(3)(a); 2 reg 7(3)(b); SS Act 98, s 9; Child Support, Pensions & SS Act 00, Sch 7

M1087 Decision on appeal awaited M1088

Where the person has appealed against a decision that they are not entitled to a
benefit in M1085 1. - 3., the Secretary of State must be satisfied
1. that the appeal to the FtT, and any subsequent appeal to the UT or the higher
courts, is not ongoing (1) and
2. where an appeal has been finally determined, that there is no possibility of a
further appeal by any party (2).

1 UC (TP) Regs 13, reg 7(4)(a); 2 reg 7(4)(b)

M1088 M1102

The Secretary of State will be satisfied that there is no possibility of a further appeal
as in M1087 2. if
1. an appeal was decided in the claimant's favour and the Secretary of State
does not intend to appeal that decision or
2. the appeal was decided in the Secretary of State's favour and the time for the
claimant to appeal has expired.

[M1089-M1099]

M1100 Award of JSA ends

A person does not fall within the Pathfinder Group if
1. they were entitled to JSA and
2. that award terminated within two weeks of the date on which a UC claim is
made (1).
1 UC (TP) Regs 13, reg 7(5)

M1101 Award of ESA ends

A person does not fall within the Pathfinder Group if
1. they were entitled to ESA and
2. that award terminated within two weeks of the date on which a UC claim is
made (1).
But see M1102 for an exception to this rule.

1 UC (TP) Regs 13, reg 7(6)

M1102 M1101

A person falls within the Pathfinder Group if an award of ESA is terminated within
two weeks of date on which a UC claim is made, where the ESA award ended
because the DM determined that the claimant no longer had LCW (1).
Note: See M1086 - M1088 where the person applies for revision of, or lodges an
appeal against, the decision terminating ESA entitlement.
1 UC (TP) Regs 13, reg 7(6); WR Act 07

Example

Helen's award of ESA(IR) is terminated when she starts work, and she is treated as
not having LCW. The job only lasts for one week. Helen is eligible to claim UC if she
falls within the Pathfinder Group. If she considers herself unfit for work, she does not
fall within the Pathfinder Group, and can claim ESA(IR) again.

[M1103-M1104]

M1105 Treated as entitled to Tax Credit

To fall within the Pathfinder Group, a person must not be treated as entitled to TC (1).
See ADM Chapter M2 (Pathfinder Group - effects of transition to UC) for guidance
on where a person is treated as entitled to TC.
1 UC (TP) Regs 13, reg 7(2) & 8

[M1106-M1109]

M1110 Income and capital

To fall within the Pathfinder Group, the person
1. must declare that during the period of one month starting from the date the
UC claim is made their earned income is not expected to exceed
1.1 270 if they are aged under 25 or
1.2 330 if they are aged 25 or over and
2.
must not have capital in excess of 6,0001.
Note: See ADM Chapters H1 - H4 for guidance on the meaning of earned income
and capital (2).
1 UC (TP) Regs 13, reg 9; 2 UC Regs, Part 6

Example 1

Ashleigh works F/T in an IT store on weekdays, and P/T in a bar on Saturday
evenings. He is made redundant from the weekday job when the store closes, and
claims UC from 17.6.13. Ashleigh declares that his earnings from the bar job for the
next month will be 148.56, as he expects to work for 6 hours at the NMW of 6.19
on 22.6.13, 29.6.13, 6.7.13 and 13.7.13. Ashleigh satisfies all the Pathfinder Group
and UC conditions.
From 22.6.13 Ashleigh works increased hours at the bar, and by 16.7.13 his
earnings exceed 330. Ashleigh met the Pathfinder Group conditions on the date on
which he claimed UC, and his entitlement to claim is not affected by his subsequent
change of circumstances. He remains entitled to UC as he is liable for rent
payments.

M1112 Housing M1115

To fall within the Pathfinder Group, the person must not (1)
1. be
homeless (2) and must live at their usual address (see M1113 - M1114) or
2. live in accommodation where
2.1 care
or
2.2 supervision
or
2.3 counselling
or
2.4 advice
or
2.5
other support services (but see M1115) are provided by the landlord directly or indirectly to help them live there or
3. live in the same household as a person who is
3.1
a member of the regular forces or the reserve forces (3) and
3.2
absent from the household in connection with that role or
4. own or partly own the place where they live.
Note: See ADM Chapter F4 (Housing costs element: Support for owner occupiers)
for guidance on whether a person owns their home.

1 UC (TP) Regs 13, reg 10; 2 Housing Act 96, s 175; 3 Armed Forces Act 06, s 374

M1113 M1112

A person is homeless if
1. they have nowhere that they are entitled to live, for example because they own
it or have a tenancy agreement or
2. they have accommodation but
2.1 cannot gain entry to it (for example it is occupied by squatters) or
2.2 it is moveable accommodation such as a caravan, mobile home or
houseboat, and there is nowhere that it can be placed to live in (1).

1 Housing Act 96, s 175

M1114 M1112

A person living in
1. temporary accommodation provided by a LA because they are homeless or
2. a hostel for people on bail or probation
does not fall within the Pathfinder Group.

M1115 M1112

Services provided solely for the provision of adequate accommodation, such as
maintenance of common areas in a block of flats, are excluded from M1112 2.51.
1 UC (TP) Regs 13, reg 10(c)

[M1116-M1119]

M1120 Caring responsibilities M1121 M1122

A person who falls within the Pathfinder Group must not
1. have
1.1 a
child (1) aged under 16 or
1.2
a young person for whom they are responsible (2) (see M1121)
living with them some or all of the time or
2. be an adopter with whom a child is expected to be placed within two weeks of
the date of the UC claim (3) or
3. be a foster parent (4) (see M1122) or
4. be liable to pay CSM (5) or
5. have any responsibility for providing care to a person with a physical or mental
impairment, unless this is as part of paid or voluntary employment (6).
1 WR Act 12, s 40; UC (TP) Regs 13, reg 11(1)(a); 2 reg 11(1)(b); 3 reg 11(1)(c); UC (Regs, reg 89(3);
4 UC (TP) Regs 13, reg 11(1)(ca) & (2); 5 reg 11(1)(d); CS Act 91; 6 UC (TP) Regs 13, reg 11(1)(e)

Example

Jerry is unemployed after the factory where he works is closed down. He continues
to work one day a week as a volunteer carer at a residential care home for people
with mental health conditions. Jerry is not excluded from claiming UC.

M1121 Responsible for a young person M1120

For the purposes of M1120 1.2, a person is responsible for a young person where (1)
1. the young person is aged 16 or over but under 20 and
2. the person would be responsible for that young person (2) if they were a
qualifying young person (3).
See ADM Chapter F7 (Child care element) for guidance on qualifying young
persons.
1 UC (TP) Regs 13, reg 11(b); UC Regs, reg 4; 3 reg 5

Example 1

Maryam and her partner Jacob are separated. Their son Paul is aged 17, and stays
with Jacob and his new partner during the week, as their home is nearer school. He
stays with Maryam at the weekends. Maryam's job ends, and she claims UC.
Although Paul stays with Maryam some of the time, she is not treated as responsible
for him, and therefore is not prevented from claiming UC.

Example 2

Nigel is aged 25 and lives in his parents' home along with his brother, Paul. Paul is
aged 18 and is in work.
If Paul were a qualifying young person, his parents would be responsible for him.
Nigel would not be responsible for him, and is not excluded from claiming UC.

M1122 Foster parent M1120

For the purposes of M1120 3., a foster parent is a person who is approved as (1)
1. in
England (2) and Wales (3), a foster parent or
2. in
Scotland (4), a kinship carer or foster carer
even if they do not currently have a child placed with them.
1 UC (TP) Regs 13, reg 11(2); 2 Fostering Services (England) Regs 2011;
3 Fostering Services (Wales) Regulations 2003; 4 Looked After Children (Scotland) Regulations 2009

[M1123-M1129]

M1130 Other requirements M1071 M1131

To fall in the Pathfinder Group, the person
1. must declare that they do not expect to have any self-employed earnings (1)
during the period of one month starting from when the UC claim is made and
2. must not be in education or training, whether F/T or P/T, of any kind (2) and
3. must declare that they do not expect to be in education or training of any kind
during the period of one month starting from when the UC claim is made (2) and
4. must not have (3)
4.1 a deputy appointed by the Court of Protection to act on their behalf (4) or
4.2 a receiver appointed before 1.10.07 who is treated as a deputy as in
4.15 or
4.3 any other person acting on their behalf in relation to the UC claim and
5. must have a NI number (6) and
6. must have
6.1 an account with (7)
6.1.a a bank
or
6.1.b
a building society or
6.1.c
the Post Office or
6.2 a current account with a Credit Union (8).
Note: Education in 2. includes adult education classes, for example in art or
computing skills.
1 UC (TP) Regs 13, reg 12(a); UC Regs, reg 57; 2 UC (TP) Regs 13, reg 12(b); 3 reg 12(c);
4 Mental Capacity Act 05, Part 1; 5 Mental Health Act 83, Part 7; Mental Capacity Act 05, Sch 5 & 7;
6 UC (TP) Regs 13, reg 12(d); 7 reg 12(e); 8 reg 12(e); Credit Unions Act 79

Example

Pete is a school leaver aged 18, and is awaiting the results of his examinations. He
has a place at university starting on 4.10.13 depending on those results. Pete is a
qualifying young person until 31.8.13. He is not excluded from claiming UC on
1.9.13, as he does not expect to start university within a month of that date. If Pete
claimed UC on 5.9.13, he would be excluded from claiming UC, and would need to
claim JSA(IB) instead.

M1131 M1008 M1070

The declaration in M1130 3. excludes any education or training undertaken as part
of any UC work-related requirement. See ADM Chapter J3 (Work-related
requirements) for further details.

[M1132-M1149]

M1150 Claims for UC - claimant not in Pathfinder Group

Where
1. a claim for UC is made and
2. it is established that the claimant did not fall within the Pathfinder Group at the
date of the claim
the action to take depends on whether or not a decision has been made on the
claim, and if so, whether payments of an award have been made (1).
Note: See M1022 - M1023 where a former UC joint claimant claims UC and is not a
member of the Pathfinder Group.
1 UC (TP) Regs 13, reg 13(1)

[M1151-M1154]

M1155 UC claim awaiting decision M1156 M1157 M1158

Where the DM is considering a UC claim and discovers that the claimant gave
incorrect information and does not fall within the Pathfinder Group on the date the
claim was made, the claimant is informed that they are not entitled to claim UC (1).
1 UC (TP) Regs 13, reg 13(2)(a)

M1156 Claim for JSA, ESA or IS M1171

Where
1. the claimant is informed that they are not entitled to claim UC as in M1155 (1)
and
2. the claimant makes a claim for
2.1 JSA
or
2.2 ESA
or
2.3 IS
and
3. the date of the claim (2) as in 2. is
3.1 after the date of the UC claim and
3.2 no later than one month after the date on which the claimant was
informed that they are not entitled to claim UC (3)
the claim as in 2. is treated as made on the date that the claim for UC was made (4).
The guidance in DMG Chapter 02 about treating a claim as made on a later date
does not apply (5).
1 UC (TP) Regs 13, reg 13(2)(a); 2 SS (C&P) Regs; 3 UC (TP) Regs 13, reg 13(2)(b);
4 reg 13(2)(b)(i); 4 reg 13(2)(b)(ii); SS (C&P) Regs

Example

Ross claims UC on 16.5.13 after separating from his partner Sadie, whose award of
ESA(IR) included an amount for him. Before the claim is determined, the DM
establishes that the address Ross gave is his mother's home. He does not live there,
and has no permanent address, staying with different friends on a temporary basis.
Ross is told on 29.5.13 that he is not entitled to claim UC. He telephones DWP on
27.6.13 to say he wishes to claim JSA, and the claim form is completed at an
interview on 1.7.13. Ross's JSA claim is treated as made on 16.5.13.

M1157 Claim for HB

Where
1. the claimant is informed that they are not entitled to claim UC as in M1155 (1)
and
2. the claimant makes a claim for HB and
3. the date of the HB claim (2) is
3.1 after the date of the UC claim and
3.2 no later than one month after the date on which the claimant was
informed that they are not entitled to claim UC (3)
the HB claim is treated as made on the date that the claim for UC was made (4). The
provisions about treating a claim as made on a later date do not apply (5).
1 UC (TP) Regs 13, reg 13(2)(a); 2 HB Regs 06;
HB (Persons who have attained the qualifying age of state pension credit) Regs 06;
3 UC (TP) Regs 13, reg 13(2)(c); 4 reg 13(2)(c)(i); 5 reg 13(2)(c)(ii)

M1158 Claim for Tax Credits M1171

Where
1. the claimant is informed that they are not entitled to claim UC as in M1155 (1)
and
2. the claimant makes a claim for
2.1 CTC
or
2.2 WTC
and
3. the date of the TC claim (2) is
3.1 after the date of the UC claim and
3.2 no later than one month after the date on which the claimant was
informed that they are not entitled to claim UC (3)
the TC claim is treated as made on the date that the claim for UC was made (4). The
provisions about treating a claim as made on a later date do not apply (5).
1 UC (TP) Regs 13, reg 13(2)(a); 2 TC (Claims and Notifications) Regs 02; 3 UC (TP) Regs 13, reg 13(2)(d);
4 reg 13(2)(d)(i); 5 reg 13(2)(d)(ii)

[M1159-M1169]

M1170 Claimant entitled to UC - no payment made M1171

Where
1. a decision is made that the claimant is entitled to UC and
2. the DM discovers that the claimant gave incorrect information and did not fall
within the Pathfinder Group on the date the claim was made and
3. no payment of UC has been made
the decision made on the UC claim ceases to have effect immediately (1).

1 UC (TP) Regs 13, reg 13(3)(a)

M1171

Where M1170 applies, the claimant is informed that they are not entitled to claim
UC (1). The guidance at M1156 - M1158 applies where a claim for
1. JSA
or
2. ESA
or
3. IS
or
4. HB
or
5. CTC
or
6. WTC is made (2). 1 UC (TP) Regs 13, reg 13(3)(b); 2 reg 13(3)(c)

[M1172-M1174]

M1175 Claimant entitled to UC - payment made M1176

Where
1. a decision is made that the claimant is entitled to UC and
2. the DM discovers that the claimant gave incorrect information and did not fall
within the Pathfinder Group on the date the claim was made and
3. one or more payments of UC have been made
the claim for UC is treated as one the claimant is entitled to make (1), i.e. the
requirement to belong to the Pathfinder Group does not apply.

1 UC (TP) Regs 13, reg 13(4)(a)

M1176

Where M1175 applies
1. the decision awarding UC is treated as a decision made on a claim (1) and
2. the award of UC continues, provided that the claimant continues to satisfy the
conditions of entitlement (2).
See ADM Chapter E1 (Introduction and entitlement) for detailed guidance on UC
conditions of entitlement.
1 UC (TP) Regs 13, reg 13(4)(b); SS Act 98, s 8; 2 UC (TP) Regs 13, reg 13(4)(c)

[M1177-M1999]

Appendix: Relevant districts
Relevant districts from 29.4.131
M43 OL (7)
OL (6) SK (16)
No. 2 relevant districts from 1.7.132
WN (1) 1 and WN (1) 2
WN (3) 4 to WN (3) 6
WN (6) 7 to WN (6) 9
WN (2) 1 to WN (2) 5
WN (5) 0
WN (3) 0
WN (6) 0
No. 3 relevant districts from 29.7.132
M35 0 to M35 4
OL (2) 3 to OL (2) 9
WA (1) and WA (2)
M35 6 and M35 7
OL (3) 1
WA (3) 4 to WA (3) 7
M35 9
OL (3) 5 to OL (3) 7
WA (4) and WA 5
0L1 0 to OL (1) 6
OL (3) 9
WA (13) 0
OL (1) 8 and OL (1) 9
OL (4) 0 to OL (4) 5
WA (13) 9
OL (2) 1
OL (8) and OL (9)
No. 4 relevant districts from 28.10.133
M35 5
W14 0
WN (1) 3
W6 0
W14 4
W6 6 to W6 9
W14 8 and W14 9
No. 5 relevant districts from 25.11.134
CV (21) 1 to CV (21) 4
IV (8) 8
IV (63) 6 and IV (63) 7
CV (21) 9
IV (9) 8
PH (19) 1
CV (22) 5 to CV (22) 7
IV (10) 8
PH (20) 1
IV (1) 1
IV (11) 8
PH (21) 1
IV (1) 3
IV (12) 4 and IV (12) 5
PH (22) 1
IV (1) 9
IV (12) 9
PH (23) 3
IV (2) 3 to IV (2) 7
IV (13) 7
PH (24) 3
IV (3) 5
IV (21) 2
PH (25) 3
IV (3) 8
IV (22) 2
PH (26) 3
IV (4) 7
IV (26) 2
PH (26) 9
IV (5) 7
IV (54) 8
PH (32) 4
No. 6 relevant districts from 24.2.145
BA (1) 0 to BA (1) 7
BS (39) 4 and BS (39) 5
HG (4) 9
BA (2) 0 to BA (2) 6
BS (39) 7
HG (5) 0
BA (2) 9
HG (1) 1 to HG (1) 5
HG (5) 5
BA (3) 2 and BA (3) 3
HG (1) 9
HG (5) 8 and HG (5) 9
BA (3) 9
HG (2) 0
LS (17) 0
BS (31) 1
HG (2) 7 to HG (2) 9
YO (51) 9
BS (31) 3
HG (3) 1 to HG (3) 4
BS (31) 9
HG (4) 1 to HG (4) 3
No. 7 relevant districts from 7.4.145
CH (5) 1 to CH (5) 4
CH (5) 9
1 WR Act 12 (Commencement No. 9 etc) Order, art 2, 3 & 4 & Sch 1;
2 WR Act 12 (Commencement No. 11 etc) Order, art 2, 3 & 4 & Sch;
3 WR Act 12 (Commencement No. 13 etc) Order, art 2, 3 & 4 & Sch;
4 WR Act 12 (Commencement No. 14 etc) Order, art 2, 3 & 4 & Sch
5 WR Act 12 (Commencement No. 16 etc) Order, art 2(1), 3 & 4 & Sch 1