SMI waiting period

I have a couple who claimed Universal Credit in January 19.  Mr is terminally ill and Mrs was made redundant. She hadn’t worked for the organisation for 2years and therefore received no redundancy payment, however, they did owe her 1wk wage and 1wk holiday pay.
The insolvency service unfortunately lost her info and she didn’t receive the two weeks money until 7th july 19.  The DWP have advised that her waiting period would now start again on the first day of the next assessment period.  I have looked at the Regs but cannot find anything to support an argument that the earnings should be attributed to the assessment period in which they were due? the error of a third party means their waiting period start date has moved from Sept 19 - april 20
Any suggestions appreciated

Hi Tracey

Sounds like a desperate knock-on effect of the Johnson case that SSWP is taking to further appeal. It’ll be a case of MR (which will be refused) then appeal (which will be stayed pending outcome.)

See e.g. https://cpag.org.uk/welfare-rights/legal-test-cases/universal-credit-assessment-period-inflexibility

Is Mr being treated under the special rules? Have they included all the correct elements and the £503 work allowance?

Good luck

hi

yes, MR has been refused. Just in the process of appealing.

Calculations look right for the AP in question

I will take a look at that case, thanks for your help

There are two different issues here.

(1) Is it correct to attribute the earnings to that AP?

(2) Is it, in any event, correct that effect of receiving the payment within that AP is to “reset” the LMI waiting period?

On the second point, see my thread here: https://www.rightsnet.org.uk/forums/viewthread/13393/