Forum Home → Discussion → Universal credit administration → Thread
Universal Credit - earned income prior to submitting claim
My client submitted a claim for UC 14th June due to being on SSP and unable to work. On the 15th June wages were paid for the period she worked prior to becoming ill (mid may). The 1st UC payment has been made and the income has been taken fully into account .
Could anyone confirm the response from DWP is correct as seems unfair!?
“If the earnings were earned and received outside of the assessment period then they will be disregarded and the award will be amended. If earned outside the assessment period but was paid them between 15/06/18 to 14/07/18 then they will be taken into account.”
Thanks
that is what appears to be the case - they will take any income into account at the point it was received and not for the period in which it was earned I’m afraid
My client submitted a claim for UC 14th June due to being on SSP and unable to work. On the 15th June wages were paid for the period she worked prior to becoming ill (mid may). The 1st UC payment has been made and the income has been taken fully into account .
Could anyone confirm the response from DWP is correct as seems unfair!?
“If the earnings were earned and received outside of the assessment period then they will be disregarded and the award will be amended. If earned outside the assessment period but was paid them between 15/06/18 to 14/07/18 then they will be taken into account.”
Thanks
Unfortunately that’s how UC works. This case shows why delaying the start of a UC claim can be critical if some earnings are due. It is when payment is received that make all the difference.
To be clear, it’s only wages that are treated this way, not other sorts of income (contrast UC reg 54 with reg 73).
For final pay-packets, received after the end of employment, the unfairness is particularly acute. Perhaps not surprising that the first ever bit of UC caselaw, CUC/2888/2015, involved this:
http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4746
There is no sign that JCP staff are in the habit of checking date of final earnings, and warning claimants that they might be better of delaying a UC claim. We think there should really be something like a provision which deems that earned income received after the last day of work, is treated as if it were received on the final day of work.