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Students and UC

JoW
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Financial inclusion manager - Wythenshawe Community Housing

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Joined: 7 September 2012

Hello

I seem to remember something about UC regularly awarding full UC even when they know a claimant is a full time student and gets Student Finance. I can’t recall where I read this now though.

Have a student couple with 1 child who get around £20k student finance and are getting UC amount I would expect without any other income.  They say they advised JobCentre they were FT students and received student finance.

Is this common? Are people having to repay if DWP error?

Andyp5 Citizens Advice Bridport & District
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We have one too!

Yes they are trying to recover as in all UC overpayments. We arguing for the overpayment to be waived as case has further extenuating factors other than just mind boggling seeming implausible official error   - Statistically the odds very very very very slim if past Hansard entries from Alok Sharma are anything to go by published on Rightsnet.

We escalated via the MP - see extract from email to MP below citing from etc etc - No MP’s currently.

‘When the Welfare Reform Bill (i.e. Welfare Reform Act 2012) was being debated the Minister concerned (Chris Grayling) promised a ‘clear code of practice’ said it was the intention not to recover many overpayments which had been caused by official error - ‘The practical reality is that we do not have to recover money from people where official error has been made, and we do not intend, in many cases, to recover money where official error has been made. There will be an absolutely clear code of practice that will govern the circumstances in which recovery action will or will not be taken, to ensure consistent, considered decision making’.

see link to HOC, Hansard, 19 May 2011, col 1019 - https://publications.parliament.uk/pa/cm201011/cmpublic/welfare/110519/am/110519s01.htm

Oh and a letter we’ve attached from the previous SOS advising the DWP can waive recovery…...............

 

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JoW
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Financial inclusion manager - Wythenshawe Community Housing

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Total Posts: 343

Joined: 7 September 2012

Thanks for that. Very useful.

Did your case include reference to the student finance on the claimants journal? In our case the tenant uploaded the student finance award letters but other than that there is no reference and we cannot see what the upload is - although tenant is sure that is what the documents uploaded were.

Andyp5 Citizens Advice Bridport & District
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JoW - 29 November 2019 12:02 PM

Thanks for that. Very useful.

Did your case include reference to the student finance on the claimants journal? In our case the tenant uploaded the student finance award letters but other than that there is no reference and we cannot see what the upload is - although tenant is sure that is what the documents uploaded were.

We’ve put in a SAR regarding the UC account and journal etc from past albeit limited experience includes internal DWP notes (don’t mean just pinned notes).

But based on what we could see on the journal our client’s Partner unequivocally disclosed he was a full time university student and a further appointment after the initial ID etc appt was made for him to bring in student related information i.e. finance. 

 

 

Andyp5 Citizens Advice Bridport & District
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See link below for a Subject Access Request for the UC stuff. Wouldn’t advise doing it via the journal.


https://secure.dwp.gov.uk/personal-information-request