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Third party deductions for rent arrears

Lowri
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Good morning

As part of another change around ‘Automation of deductions or rent and service charge arrears’, claimants who have earned over their work allowance for 3 consecutive months will have their rent and service charge arrears deductions automatically end.

Is anyone aware of any exceptions to this rule. Can the landlord request that third party deductions continue where there are high rent arrears or a risk to the tenancy?

Many Thanks

VRW
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sorry to jump on the post -as i dont have an answer

but when did these changes come in?? i did notice someone had done a FOI request 7 days ago but clearly ive missed something

Elliot Kent
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This isn’t a change - its always been the rule - and there are no exceptions.

See para 7, sch 6 UC etc (Claims and Payments) Regulations 2013
https://www.legislation.gov.uk/uksi/2013/380/schedule/6

(6) Before the Secretary of State may commence (or re-commence) making deductions in respect of such a debt, the claimant’s earned income (or in the case of joint claimants their combined earned income) in relation to the previous assessment period must not exceed the work allowance.

(7) The Secretary of State must stop making such deductions if, in relation to the three assessment periods immediately preceding the date on which the next deduction could otherwise be made, the claimant’s earned income (or in the case of joint claimants their combined earned income) equals or exceeds the work allowance.

Lowri
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It’s in the UC Regs (I’ve attached the relevant Regs) but seems as though they only started implementing it around 26th June 2020 as part of this new automated system

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VRW
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Elliot Kent - 22 July 2020 09:29 AM

This isn’t a change - its always been the rule - and there are no exceptions.

See para 7, sch 6 UC etc (Claims and Payments) Regulations 2013
https://www.legislation.gov.uk/uksi/2013/380/schedule/6

(6) Before the Secretary of State may commence (or re-commence) making deductions in respect of such a debt, the claimant’s earned income (or in the case of joint claimants their combined earned income) in relation to the previous assessment period must not exceed the work allowance.

(7) The Secretary of State must stop making such deductions if, in relation to the three assessment periods immediately preceding the date on which the next deduction could otherwise be made, the claimant’s earned income (or in the case of joint claimants their combined earned income) equals or exceeds the work allowance.

have you dealt with this previously??? ive never come across this at all and none of our rents officers have mentioned TPD stopping???

Mike Hughes
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Elliot Kent
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VRW - 22 July 2020 09:42 AM

have you dealt with this previously??? ive never come across this at all and none of our rents officers have mentioned TPD stopping???

Fair point. I can’t think of any case which has raised this off hand. But its there in black and white.

Mike Hughes - 22 July 2020 10:00 AM

Still plenty of room for little uns (and big uns actually).

https://gmwrag.wordpress.com/2020/07/09/agenda-now-available-for-the-gmwrag-gm-uc-video-meeting-on-the-22nd-of-july-2020/

Does Newcastle count as Greater Manchester Mike?

Mike Hughes
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Elliot Kent - 22 July 2020 10:06 AM
VRW - 22 July 2020 09:42 AM

have you dealt with this previously??? ive never come across this at all and none of our rents officers have mentioned TPD stopping???

Fair point. I can’t think of any case which has raised this off hand. But its there in black and white.

Mike Hughes - 22 July 2020 10:00 AM

Still plenty of room for little uns (and big uns actually).

https://gmwrag.wordpress.com/2020/07/09/agenda-now-available-for-the-gmwrag-gm-uc-video-meeting-on-the-22nd-of-july-2020/

Does Newcastle count as Greater Manchester Mike?

I won’t tell if you won’t Elliot :)

Timothy Seaside
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I’ve mentioned this rule and the fact that it is never applied to various UC people (including our liaison officer) previously. None of them had any idea it existed and I suspect they thought I was just making it up. It’s not just for rent arrears though - the same rule is included in paras 8 (fuel) and 9 (water) for those third party deductions.

I seem to remember having had a discussion on here previously about how this will work differently to how it was originally intended because so many people have a zero work allowance now. But it was a moot point then because nobody was actually applying the rule anyway.

[ Edited: 22 Jul 2020 at 02:24 pm by Timothy Seaside ]