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Original poster

Anyone knowledgeable on Universal Credit available to help please?

32 replies

catchingzzzeds · 14/03/2019 08:31

My friend is having a nightmare.
Her assessment period is 29th-30th. She is paid her monthly salary on the last working day of each month so she receives this anything from the 28th to the 31st. This means she could be paid on the 31st one month and then the 28th the next month meaning she recieves two lots of wages in UC’s assessment period. When this happens she doesn’t receive any UC for these months.
Is there anything she can do about this? So far UC are saying there’s nothing they can do about this. My friend has another appointment with them later today.

OP posts:
BitchQueen90 · 14/03/2019 08:47

No advice unfortunately but I am dreading this happening to me when I get switched over. I get paid on the last Friday of the month. Sad

Frokoko · 14/03/2019 08:48

Unfortunately that's how they work it out, it is bizarre

AnchorDownDeepBreath · 14/03/2019 08:51

I saw this on the news - some charities are putting a lot of pressure on the government to fix it, but as far as I know; that's how it's currently worked out and she won't be paid UC for any month that this happens in.

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Surfskatefamily · 14/03/2019 08:51

She simply needs to close her claim and open it again on a different day of the month. I cant belive they couldnt just tell her this

azulmariposa · 14/03/2019 08:53

Sorry for jumping on this, but if I apply on the 15th, will that be my assessment period?

Surfskatefamily · 14/03/2019 08:54

I first applied for UC on the 22nd of a month. My assessment period therefore became 22nd to 23rd of every month

Surfskatefamily · 14/03/2019 08:54

Sorry other wayround 23rd to 22nd

Surfskatefamily · 14/03/2019 08:55

Yes azulmaripoza thats correct

Surfskatefamily · 14/03/2019 08:58

You are then paid monthly 7 days after your assessment period. So if your bills are normally 1st of the month. Do like i did. 23rd oem as your paid perfect timing.

Really the information like this should be told to applicants as its hard enough to budget the switchover as it is. Its not fair and half the time i think the government wants us all to be in debt and in crisis 😢😠

MrsSquiggler · 14/03/2019 08:59

There was a recent case that decided the DWP's approach to these cases was wrong: www.cpag.org.uk/content/universal-credit-assessment-period-inflexibility

I think the DWP are still 'considering the decision' - they haven't implemented it.

If you close the claim and reopen it within six months your assessment period stays the same (a rapid reclaim). So that's not the answer, unfortunately.

Original poster
catchingzzzeds · 14/03/2019 11:58

Thank you all for your replies. It’s so unfair and a ridiculous way of working it out. I’ll let you all know how the meeting goes.

OP posts:
Mmmmbrekkie · 14/03/2019 12:02

It’s not unfair!

You pick your assessment date bearing in mind when you want to get paid

Original poster
catchingzzzeds · 14/03/2019 12:23

My friend didn’t pick her assessment day and none of this was explained to her. She claimed UC in a face to face meeting where she was encouraged to swap over because she was told she’d be better off on UC than WTC.

OP posts:
Original poster
catchingzzzeds · 14/03/2019 17:17

Reporting back, my friend has been told there’s nothing they can do. She is £4000 a year worse off claiming UC than when claiming WTC. Furious.

OP posts:
MrsSquiggler · 14/03/2019 17:50

Did she ask them about the case I mentioned above that said the DWP were wrong to calculate UC in this way?

MrsSquiggler · 14/03/2019 17:51

Also - who told her she would be better off on UC?

MiniMum97 · 14/03/2019 17:51

Given the Supreme Court ruling (linked above) your friend needs to request a Mandatory Reconsideration of the decision to calculate her UC on the basis or income received rather than income earned which the Supreme Court said may be illegal. I would also request "late" MRs if the previous times this has happened at the same time.

I have done a few of these but had no outcomes yet. It is likely that she would need to appeal.

Closing and reopening the claim won't fix the problem unless she leaves 6 months in between.

MrsSquiggler · 14/03/2019 18:06

I don't think it was a Supreme Court ruling - think it was a judicial review in the High Court? But yes, what MiniMum says - she needs to do a mandatory reconsideration and then an appeal if necessary for all the affected months asap.
Can she go to e.g. citizens advice for help?
www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/challenging-a-universal-credit-decision-mandatory-consideration/

theartoftired · 14/03/2019 18:13

I am the friend from the op.

@mrssquiggler I didn't mention the case as I didn't read about it until after the appointment.
It was the work coach at the job centre when I initially signed up that said I would never be worse off.
CAB is my next port of call.

MiniMum97 · 14/03/2019 18:21

Oh yes sorry high court. Very tired!

MrsSquiggler · 14/03/2019 18:22

You may also want to go through the DWP's complaints process as well then if they gave you the wrong advice and you relied on it, and as a result you're worse off.
www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

But the priority is definitely challenging the decisions via mandatory reconsideration. I hope CAB can help. It's so frustrating that a court has said the DWP are in the wrong in the way they've been doing things but they haven't bothered to try and put things right yet!

8dayweek · 14/03/2019 18:25

@MiniMum97 has the closest thing to what could be a solution.

Wondering how they would execute it if the DM did revise the decision has made head hurt though - I'm not sure they could? They'd have to change the AP but that would / could then leave "unpaid" days.

The principle of UC is that you will always be better off in work (as apposed to out of work) but not that you will necessarily be better off than Tax Credits... Being generous I guess that's what the WC meant.

safariboot · 14/03/2019 18:26

Could she ask her employer if the payday can be changed? Better chance of that than of UC stopping their shittiness.

FlopsyMopsyRabbit · 14/03/2019 18:35

A similar thing happened to me, they would add up the two paychecks and say that's what I earned during the assessment period and I wouldn't be entitled to any UC that month

MyDcAreMarvel · 14/03/2019 18:40

But why did she believe she would be better of on UC rather than wtc. Why didn’t she check for herself?