Universal Credit is such a mess. I don't deal with it enough to have any useful current practical experience, but i have had some training recently (really good training, I trust what they say - I don't however trust DWP call handlers or claims processors to know what the current rules are!). The rules about this were changed recently I think as the gov has been forced to slow down migration onto UC
This page sums it up nicely as far as I can tell
Universal Credit triggers - Entitledto
Basically the way I understood it (but get advice - don't assume i understood correctly)
- if it's simply a change of circumstance for
benefits you are already in receipt of and you aren't moving to a different local authority area, you can choose to stay on the old style benefits or choose to move to UC
- if you're needing to apply for a
new benefit: due to a change of circs, or because you are moving to a new LA area then this will trigger a UC claim no choice
Once a new UC claim has been made you can't go back to your old benefits even if you could have stayed on them - this counts even if you are misadvised by DWP I think.
I think some of the dangers are
- you might be better or worse off on either benefit, so if there is a choice then an informed decision whether to apply or not is important
- that DWP staff might unwittingly not understand that a claimant may have the right to stay on the old benefit
- they might not make it clear to a claimant that they have a CHOICE in some situations
So it is REALLY important to get advice and back up from CAB or similar before making any changes