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Barmy UC overpayment message

Steve Clark
forum member

Irwin Mitchell welfare benefits team

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Total Posts: 4

Joined: 4 March 2024

Trying to work out what overpayment may have occurred for UC and the waiver to ask for but online journal states-

When the overpayment was actioned on your claim, this automatically
adjusts the statements to what they should be. You would be best to check
your bank account for clarification as you will see differences in what you
received from UC at that time to the statements now.”

So now all the payment history for the last two years shows they were aware of Carers Allowance being paid and shows it being deducted but they have stated that Carers Allowance was not deducted. Seems by now finding bank statements for 2 years that Carers Allowance was not deducted, as the payment history has been changed, but also shows carer element was not added. Asking for waiver of overpayment but how on earth can anyone know if the payment history is correct if it is overridden when a decision is changed, in this case going back to start of claim two years ago.

Elliot Kent
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Shelter

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Joined: 14 July 2014

Yes - the payment statements do not record the actual payment which was made on that date but just record the most recent decision in respect of that assessment period. If the decision was changed after the fact, that will not be apparent unless you look down to the bottom of the decision letter and see when it says that MR rights run from.

You can still get the information you need through either (a) Subject Access Request or (b) appealing the overpayment decision.

Is yours another case about the Carers Element not being backdated despite Carers Allowance being in payment for the same period? To which see:
https://www.rightsnet.org.uk/forums/viewthread/20057/
https://www.rightsnet.org.uk/forums/viewthread/20034/
https://www.rightsnet.org.uk/forums/viewthread/20069/

BHCAC
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Welfare Benefits Caseworker- Bosnia and Herzegovinia Community Advice Centre

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Joined: 23 August 2023

It it infuriating that when a overpayment/ underpayment is made they them adjust the statements to what they amended payment not what was actually paid at the time- makes life complicated.

Steve Clark
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Irwin Mitchell welfare benefits team

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Total Posts: 4

Joined: 4 March 2024

Thanks Elliot

It is a matter of the Carer Element being stopped in the UC claim despite UC being told several times two X Carers Allowance were in payment and therefore, therefore one carer element should be paid.

The Carer element stopped when the LCWRA for one of the couple started where there should have been one carer element and one LCWRA.