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Staggering?
Or par for the course with UC? Note on Deputyship client’s journal today re MR of overpayment “notice” (deficient in most respects) from UC:
“As the appointee for X, I am writing to let you know that I have cancelled the mandatory reconsideration request which disagrees with the overpayment of £703.24. I have done so because the reason an overpayment occurred is because X was paid two types of ESA at the same time (income related and contribution based) for the period 02/08/18 - 12/10/18. Therefore the overpayment decision was made by ESA and any disagreement should be lodged with them.”
Regards, decision maker
There’s a lot to unpack there…
I think (happy to be corrected) it’s pretty straightforward - an overpayment decision notice was posted on the journal from UC headed “Overpayment of Universal Credit”..
UC decision makers appear to be making stuff up as they go and acting in apparent ignorance that UC is founded in law.
Given that all overpayments of UC are recoverable is this an ‘overlapping payment’ of a legacy benefit (ESA)? or a real overpayment of UC?
If it is an ‘overlapping payment’ of ESA(IB) and ESA(C) because ESA(IB) did not end before the first uC assessment period? An overlapping payment of ESA(IB) would be recoverable under UC(TP)Reg. 11 (making sure they apply that in the correct way between sub paras (2)&(3)) - treated as income or recovered by deductions in the normal way.
ESA(C) would count as income for UC in the usual way - so if UC failed to take the ESA(C) into account in the calculation it is an overpayment of UC (not ESA(C)) recoverable under SSAA s71ZB. This might be a situation in which DWP could exercise discretion not to recover.
Given that all overpayments of UC are recoverable is this an ‘overlapping payment’ of a legacy benefit (ESA)? or a real overpayment of UC?
If it is an ‘overlapping payment’ of ESA(IB) and ESA(C) because ESA(IB) did not end before the first uC assessment period? An overlapping payment of ESA(IB) would be recoverable under UC(TP)Reg. 11 (making sure they apply that in the correct way between sub paras (2)&(3)) - treated as income or recovered by deductions in the normal way.
ESA(C) would count as income for UC in the usual way - so if UC failed to take the ESA(C) into account in the calculation it is an overpayment of UC (not ESA(C)) recoverable under SSAA s71ZB. This might be a situation in which DWP could exercise discretion not to recover.
That’s exactly what it is but as they did not see fit to give any of that information nor explain how they calculated the amount (I can’t get it to the amount they say is overpaid no matter how I do the calculation), I intend to appeal it to see if that forces them to come up with the information.
In the same case they paid arrears of the LCWRA element at the same time as posting the overpayment notification. And are continuing to pay housing costs incorrectly (too much) despite the correct breakdown of the rent being provided on 3 separate occasions by the appointee. It is winding its way unsatisfactorily through the complaints process at the moment.
I am heartily sick of UC after less than 4 months of full service in Northumberland.
I am heartily sick of UC after less than 4 months of full service in Northumberland.
Welcome to a very exclusive club (or should that be inclusive?)!