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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Missing Cost of Living Payments & UC (2023)

Greg
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Money Matters Money Advice Centre, Glasgow

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Total Posts: 45

Joined: 16 April 2018

GOV.UK says unambiguously that Universal Credit claimants report missing 2023 Cost of Living payments via the helpline or the Journal:

If you were expecting a £301 Cost of Living Payment in spring 2023 but have not received it, you can report it as missing by calling the phone number for your benefit (or using your Universal Credit journal if you have one)

I have a steadily growing list of UC-entitled clients who were entitled to a payment of UC during the relevant Assessment Period, but seem to have missed the COL payment because their award was only made upon revision/appeal. (I suspect this tells us something about the rigour with which the DWP are processing the payments.)

Upon calling the helpline, these clients are told to leave a message on their Journal. Upon leaving a message on their Journal, the case manager leaves a message like this:

If you wish to have this reviewed please using the link below to report a
missing payment. COL payments are not issued by Universal Credit.
(https://secure.dwp.gov.uk/report-a-missing-cost-of-living-payment/welcome).

That address takes you to the very page I’ve quoted from above, saying missing payments can be reported on the Journal.

It would be an understatement to say that this is exasperating all of us - I expect UC case managers included.

The COL payment disallowance letter (the UCDCoLP1) when made available on the Journal are issued on a PDF which contains no contact information whatsoever. I’ve attached a redacted copy for ease of reference.

As a pattern appears to be emerging, I suspect these are not isolated problems. Please let me know if you’ve found any similar issues.

As for my clients, I have attempted escalated resolution and await further. I plan to ask the Tribunal to treat the case manager’s unhelpful Journal responses as the MRN if we have no progress soon. Revision and appeal rights are extended by the Social Security (Additional Payments) Regulations 2022 from the Social Security Act 1998 (as amended by the Welfare Reform Act 2012, etc.), and it’s clearly unreasonable for the claimants’ right to revision/appeal to be frustrated by Departmental incompetence.

[Edit - letter now attached.]

[ Edited: 14 Jun 2023 at 03:25 pm by Greg ]

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SG LB C
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Income Maximisation Team LB Camden

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A colleague of mine has had a request for COL payment refused as the DWP are saying that the month’s backdate (awarded on revision) does not change the later assessment period and the payment is “merely” a backdate, and that there is no right of appeal and UC suggest he help his client contact his MP if he wishes to complain.

Greg
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Money Matters Money Advice Centre, Glasgow

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Total Posts: 45

Joined: 16 April 2018

SG LB C - 04 July 2023 07:51 AM

A colleague of mine has had a request for COL payment refused as the DWP are saying that the month’s backdate (awarded on revision) does not change the later assessment period and the payment is “merely” a backdate, and that there is no right of appeal and UC suggest he help his client contact his MP if he wishes to complain.

Section 1 of the Social Security (Additional Payments) Act 2023 reads:

(1)The Secretary of State must secure that—
(a)a single payment of £301 is made to any person who has a qualifying entitlement to a social security benefit in respect of the first qualifying day…

The first qualifying day is specified by the regulations as 25 February 2023. I don’t see where DWP believe there’s leeway for them not to award the payment based on “backdating” if that date is indeed covered by the award (the appellant argued persuasively in AM v SSWP that this does not entail a separate decision, rather that the claim is extended backward by the decision-maker - there’s effectively no break in the claim/period).

One of our two referenced clients was a “backdating”-entitled client similar to yours, and she has gone on to receive her COL payment now following our representations to a senior manager in DWP we work with. Our other client initially had no entitlement during the first period, which was subsequently revised upon LCWRA award - I believe she’s had hers too following the same intervention.

I’d be interested to see how the First-tier Tribunal handled an appeal notice. As far as I understand it, the Act does not specifically provide for MR/appeal but neither does it appear to specifically exclude this either; whereas claimants clearly have a right to a fair hearing, etc.

Jess Strode
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Judicial Review Project | Child Poverty Action Group

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CPAG have prepared a template judicial review pre action letter in response to this thread, challenging refusal to pay the Spring 2023 COLP due to UC having been backdated or awarded following revision/appeal, and failure to provide an effective method to challenge that refusal (you may spot some familiar wording from this discussion, I hope this is ok). It’s JR150 on this page: https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters/cost-living-payments.

Please let us know if it’s useful, and how DWP respond if you use it.

PollyT
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St Anns Advice Centre, Nottingham

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I have a client with a slightly different issue. She had a joint claim for UC with her former partner and separated from him in January. She made a new single claim for UC (single parent, works part time) on 29/01/23. Her assessment period for this is 29/01/23 - 26/02/23. UC have said that she isn’t entitled to a COL payment as her assessment period doesn’t end in the relevant period - 26/01/23 - 25/02/23. So she is one day out for qualifying. She has asked them to look at this again and they have still said no. Would she be entitled under her previous claim with her partner? Also this doesn’t quite fit with the regs quoted above, that she only needs to have been entitled to UC for one day in the qualifying period. Any suggestions?

UB40
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Debt and Welfare Advice, Community Money Advice, Launceston

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Hi Polly T,

You need to be entitled to a payment between those dates. But she was entitled to a UC advance payment during those dates. When is a payment not a payment ?

The full list of benefit recipients that qualify for the upcoming Cost of Living payment are those who receive:

Universal Credit;
Income-based Jobseekers Allowance;
Income-related Employment and Support Allowance;
Income Support;
Working Tax Credit;
Child Tax Credit;
Pension Credit
The qualifying period for this payment is between 26 January and 25 February 2023.

To be eligible for the Cost of Living Payment, you need to have been entitled to a payment for one of these benefits between 26 January and 25 February 2023, or payment for an assessment period ending between these dates.

CA Adviser
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Citizens Advice Calderdale, West Yorkshire

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I am having the same problem with Pension Credit backdates- no cost of living payment paid to the client. Have phoned the Pension Service with the client several times, each time have been promised it will be escalated to the appropriate team who will phone the client- but then no call. Have now written to the Pension Service but no response as yet. So frustrating.