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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Recovery of hardship Payments and UC

ripley
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Derby Advice - Derby Homes

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Client single no disabilities is only receiving £43 per week UC -this is due to 40% reduction in her std allowance to recover a hardship payment
I realise this should have reduced to 30% from October
However she is getting into further debt rent arrears and council tax arrears as she simply cannot manage with daily life
although not divulged she also appears to have a learning disability
does anyone know if the DWP has the discretion to reduce recovery rates
i have requested a reduction through DWP with a financial statement but they are not budging
any experiences ? thoughts? ideas?
thanks

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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ripley - 09 October 2019 04:23 PM

Client single no disabilities is only receiving £43 per week UC -this is due to 40% reduction in her std allowance to recover a hardship payment
I realise this should have reduced to 30% from October

See separate thread on that point https://www.rightsnet.org.uk/forums/viewthread/15083/

Although intention to reduce rate was announced in 2018 Budget and is repeated in various places it seems unclear whether it has actually been enacted.

Daphne
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Reg 11 of the SS(O&P) Regs says they can recover not more than 40% so I think you should be able to negotiate - ask to be put through to Debt management if you’re not speaking to them already.

HB Anorak
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How about a PIP claim as well? I find that even for people with a mild learning disability PIP(dl) at the very least is a slam dunk.

Ianb
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Daphne - 10 October 2019 10:05 AM

Reg 11 of the SS(O&P) Regs says they can recover not more than 40% so I think you should be able to negotiate - ask to be put through to Debt management if you’re not speaking to them already.

In respect of whether or not the reduced limit of 30% now applies this presumably means that no legislative amendment is required. The reduction to a 30% limit could be implemented by a simply change to guidance to be used.

Elliot Kent
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Ianb - 10 October 2019 04:43 PM
Daphne - 10 October 2019 10:05 AM

Reg 11 of the SS(O&P) Regs says they can recover not more than 40% so I think you should be able to negotiate - ask to be put through to Debt management if you’re not speaking to them already.

In respect of whether or not the reduced limit of 30% now applies this presumably means that no legislative amendment is required. The reduction to a 30% limit could be implemented by a simply change to guidance to be used.

Of course, we haven’t seen any updated guidance either…

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Elliot Kent - 10 October 2019 07:05 PM
Ianb - 10 October 2019 04:43 PM
Daphne - 10 October 2019 10:05 AM

Reg 11 of the SS(O&P) Regs says they can recover not more than 40% so I think you should be able to negotiate - ask to be put through to Debt management if you’re not speaking to them already.

In respect of whether or not the reduced limit of 30% now applies this presumably means that no legislative amendment is required. The reduction to a 30% limit could be implemented by a simply change to guidance to be used.

Of course, we haven’t seen any updated guidance either…

Indeed