uc recovery of overpaid benefit

my client is having maximum deductions from her UC , she is single no dpes, not sick, not rent arreasr, UC are adamant they will not reduce the amount HELP PLEASE

Reg 11 of the Social Security (Overpayments and Recovery) Regulations 2013 says not more than 40 per cent if fraud or hardship payments, no more than 25 per cent where not fraud but the claimant is working and earning more than the work allowance, and no more than 15 per cent in other cases.

So I guess it depends on the circumstances, but even so it says ‘not more than’ so there should be discretion - have you tried escalating? I can bring it up via the stakeholders forum if that would help but it probably won’t be that quick.

Daphne, yes please do vigorasely raise it as we are seeing more of these sort of issues as UC is being claimed by our clients, under jsa iS esa etc debt recovery has always been flexible, when I spoke to them about this case which is fraud by the way, they saiid NO NO NO to all requests for a revised amount, the attitude was we can do this so we will do this. my client has low income zero hours contract but i snot sick, pregnant or in rent arrears

I have emailed asking for it to be looked at urgently. Having looked at their overpayments guidance - http://www.rightsnet.org.uk/universal-credit-full-service-guidance - it does say -

Reducing deduction amounts
If the amount of overpayment deductions would cause hardship and the claimant cannot afford the proposed rate of recovery, Debt Management can consider reducing the amount of deductions.

It might be worth at least going back to them and quoting their guidance. I have raised with my contacts too that it is not being applied.

I guess if they refuse to budge it is not an appealable decision since it’s discretionary - but I guess could be something to judicial review if they were fettering their discretion?

Thanks Daphne I have just left my local authority HB dept, we had our regular catch up meeting, they say that UC is a nightmare and is causing them huge problems as the UC staff are clue less about the rules and procedures, so its not just us outsiders who are struggling with UC !!!