Qualifying benefit rules and UC non dependants

UC claimant has non-dep living with them and a £75.15 HCC being taken.

Non-dep applies for PIP and it takes 9 months for it to be awarded – they are awarded DL PIP.

Claimant notifies DWP who remove HCC from MAP notified.

This doesn’t fall under the ‘qualifying’ benefit rules as it only applies where the claimant or a member of their family as defined in the UC Regs is awarded a qualifying benefit. And where the SS&CS;(DA) regs 1999 cover non-dependants it’s only in respect of IB JSA, IR ESA, IS and PC – not UC.

Do you think this was an accidental omission? Anything that can be done?

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