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Overturning Real Time Earning Descisions


Simon Jones
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Universal Credit, Landlords Services, NPT Homes, Neath

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Total Posts: 3

Joined: 18 May 2016

Just wanted to share something with you all ……

I have had a case where someone has had their earnings posted to the HMRC incorrectly (1 month late).
The person had 2 payments then used for one assessment period resulting in a Zero payment from UC.
The previous month they did have an overpayment from UC as no earnings were taken into account.
This, over the 2 months left the tenant £210 worse off.
The person asked for it to be looked at but got nowhere.
After speaking with the Job Centre they advise you have to ask for a REAL TIME INFORMATION DISPUTE for it to be look at again.

Even though the person then took in proof that she wasn’t paid this amount it still resulted in a no from UC.

I requested an MR which still came back as no to changing their decision.

I then quoted a case law for a similar case

Although the result was still a no after sending this letter I contacted the Port Talbot Job Centre who then looked into it again and managed to get the decision overturned and have the £210 paid to the person.

They quoted this at the bottom of the decision letter which we can use in similar cases now.

The law used to make this decision
Universal Credit Regulations 2013
Amended 2014
Reg 61 3 (b)
Welfare Reform Act 2012
Social Security Act 1998 Sections 8
Universal Credit, Personal Independence Payment, Jobseekers Allowance
and Employment and Support Allowance (Decisions and Appeals)
Regulations 2013, Regulations 5 and 7

      [ Edited: 10 Jan 2019 at 01:52 pm by Simon Jones ]