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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Universal Credit

19 replies

UserUser321 · 27/08/2019 14:10

Sorry to hijack AIBU...posting for traffic as I’ve posted in another thread and no response.

Does anyone know anything about universal credit and child maintenance payments? As far as I was aware, any CM I receive shouldn’t be deducted from my UC award but I have checked my award today and they have deducted the whole amount of CM, leaving me with a NIL award. The best about it is, the CM I receive is for my 3rd child, whom I get no UC child element for!

Any advice would be appreciated.

OP posts:
Natasha4767 · 27/08/2019 14:11

I'm sure it shouldn't be included you need to ring them x

Original poster
UserUser321 · 27/08/2019 14:13

I have rung them and put an entry in my journal but they are absolutely hopeless! Was just wondering if anyone else gets UC and CM and can shed some light on this before I call them back.

Thanks x

OP posts:
amy85 · 27/08/2019 14:16

Receiving child maintenance doesn't affect UC....are you sure that's what they have deducted?

PookieDo · 27/08/2019 14:19

Mine is not deducted no, but this doesn’t go through the CSA it’s a private arrangement

Is this spousal maintenance or just child maintenance?

Dottysmum18 · 27/08/2019 14:20

Found this

Universal Credit
PookieDo · 27/08/2019 14:21

No that is for the paying parent not the receiving parent

NoBaggyPants · 27/08/2019 14:23

The general rule is that CM is disregarded, but spousal maintenance is counted as income.

Original poster
UserUser321 · 27/08/2019 14:24

Dotty’smum - Thanks but this guidance is for the paying parent of they are in receipt of UC. I’m the receiving parent.

Yes I am 100% sure this is what they are deducting. There has been a deduction for earnings which would have left me with around £266 UC but they have nilled that because they have put the maintenance payment in as other income, when it should just have been left off of my claim (I think)

OP posts:
Original poster
UserUser321 · 27/08/2019 14:24

It’s definitely not spousal maintenance. It’s child maintenance. The amount has been calculated by CMS and me and my ex have the direct pay arrangement

OP posts:
user1468348545 · 27/08/2019 14:46

I got told that apparently it effects it in some areas..
Mine it doesn't but when I went through the cms they said to notify UC as sometimes it is included.

AnotherEmma · 27/08/2019 14:51

Child maintenance should not be counted as income for benefits.

If you are receiving child maintenance for a child then presumably they are living with you more than 50% of the time, so you should receive the child element for that child. Why aren't you?

You should discuss it with your work coach and if it's still not sorted in advance of your next payment you could consider asking citizens advice for help to get it sorted.

BEDinhalfanhour · 27/08/2019 14:54

I have never heard of this before Angry

Go on entitled to.
Do 2 calculations.
1 with CM & 1 without.

See what it comes up with.

AnotherEmma · 27/08/2019 14:56

"Your Universal Credit will be reduced by the same amount you get from certain types of income. These include:
pensions or annuities
maintenance from a current or former partner (though not child maintenance - this never reduces your Universal Credit)"

From www.citizensadvice.org.uk/benefits/universal-credit/on-universal-credit/check-how-much-universal-credit-youll-get/#h-3-make-reductions-for-your-income-and-capital

Sotiredofthislife · 27/08/2019 15:27

OP - I am still with Tax Credits (thank goodness) but if you get no response from the journal), just immediately escalate to your MP. Honestly, don’t waste time faffing about trying to get them to sort it. Every problem, place it at your MP’s door and let them see how badly this ben fit is adminsistered and make sure they know exactly the impact it has on your children.

Original poster
UserUser321 · 27/08/2019 15:28

AnotherEmma - the reason I don’t get child element for him is because he’s my 3rd child and I only just claimed UC after splitting with my (now ex) partner. The government brought in a rule that any 3rd or subsequent child born after April 2017 would not be paid for (unless there is certain criteria met) this doesn’t apply to child benefit though.

OP posts:
Original poster
UserUser321 · 27/08/2019 15:32

@BEDinhalfanhour - entitled to doesn’t even give an option to put child maintenance in. My case manager has responded saying all household income is taken into account and my payment is correct. He clearly doesn’t have a clue what he’s on about!! I’ve found guidance on the direct.gov website stating child maintenance does not affect UC payments so I have quoted this to him and asked him to check his guidance. If I get nowhere, I’m absolutely taking it further.

OP posts:
Waxonwaxoff0 · 27/08/2019 16:17

Do you go through CMS?

My ex pays me in cash (private arrangement) and I don't even bother putting it on the forms to be honest just in case of cock ups like this.

AnotherEmma · 27/08/2019 16:21

User
Ah yes. I had assumed your third child was born before April 2017 for some reason, sorry.
You can and should request a Mandatory Reconsideration of the decision to count child maintenance as income.
www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/challenging-a-universal-credit-decision-mandatory-consideration/

Musereader · 28/08/2019 11:03

Hi op, i work for universal credit, this should not have happened but it can take a few days for jounal entries to be read so you should phone and get it sent as a handover to be done within 24 hours, let us know when it gets fixed.

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