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Uprating of UC missed for a month
Hello
Does anyone know the regulation around this?
My clients assessment period runs from the 4th of the month to the 3rd-4th of the following month.
Her assessment period running from 4th April and into May does not include the uprating of UC. They say this will only commence in the June payment. So in effect she looses one month of the increase.
Is that correct or should it have been adjusted to the begining of the assessment period? It seems another reason not to go onto UC if you can avoid it!
It is correct. Uprating is only from the first full AP beginning on or after 10 April.
Paragraph 32 of Sch 1 Universal Credit (Decisions and Appeals ) Regulations 2013
Where the change of circumstances is that there has been a change in the legislation, the superseding decision takes effect—
(a) in relation to an award of universal credit that exists on the date on which the change in legislation comes into force—(i) if there is an assessment period for the award that begins on the date on which that change in legislation has effect, from that date; or
(ii) in any other case, from the first day of the next assessment period for the award beginning after the date on which that change had effect;
(b) in any other case, from the date on which that change in the legislation had effect.
It seems another reason not to go onto UC if you can avoid it!
Perhaps less in terms of avoiding going onto UC (I’m personally not convinced that’s a viable long term strategy!) but more I think we as advisers need to have quite a serious and important conversation with our clients about when they claim UC and what their resulting assessment period will be. Consideration seemingly needing to be given to things like when uprating will take effect (so make sure you don’t claim to early in the month!), when wages are likely to be paid (so how they’ll interact with the assessment period), etc etc.
It strikes me that there are numerous pitfalls it is possible to fall into if you’re not careful with timing your claim…
There are other problems associated with going on to UC not least the onerous condtionality and being micromanaged by so called work coaches who have a tick box attitude.
I Daniel Blake is an accurate reflection of reality magnified by UC for many
It seems another reason not to go onto UC if you can avoid it!
Perhaps less in terms of avoiding going onto UC (I’m personally not convinced that’s a viable long term strategy!) but more I think we as advisers need to have quite a serious and important conversation with our clients about when they claim UC and what their resulting assessment period will be. Consideration seemingly needing to be given to things like when uprating will take effect (so make sure you don’t claim to early in the month!), when wages are likely to be paid (so how they’ll interact with the assessment period), etc etc.
It strikes me that there are numerous pitfalls it is possible to fall into if you’re not careful with timing your claim…
I agree - timing of claim is key and one of the reasons it is so important that claimants get independent advice which I am constantly putting to the DWP, alongside pushing for signposting to https://advicelocal.uk/find-an-adviser on the migration notices as a bare minimum
It seems another reason not to go onto UC if you can avoid it!
...... I think we as advisers need to have quite a serious and important conversation with our clients about when they claim UC and what their resulting assessment period will be….....It strikes me that there are numerous pitfalls it is possible to fall into if you’re not careful with timing your claim…
Yip timing is crucial but sometimes the timing of a claim (or being moved over) cannot be avoided.
What I think is so important to understanding UC though is the assessment period. Or rather that last day of the assessment period that can then affect the whole month. If claimants know about its importance (rather than looking at the day one is paid) and IF they have any influence over moving dates, partners moving in, when a baby is born (I’ll admit my knowledge of this is rather more sketchy) etc it can help prepare for the worst or even make that month of UC work for you.
Always trying to push this in training with our social care staff but it can be a complicated thing to “get”
CPAG have been looking at this as I temporarily got a bit excited as for Sch 1 para 32 of the UC etc (D&A) Regs to apply, there would need to have been a “superseding decision” and under s.159D(2) Social Security Administration Act 1992 there is no “decision” - “the amount of universal credit payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Secretary of State”.
But my excitement was short lived. Article 33(2) of the Social Security Benefits Uprating Order 2023 gives effect to Schedule 13, which increases the UC Rates. Article 1(3)(p) then provides:
1.-(3) Subject to paragraphs (4) and (5), this Order shall come into force for the purposes of—
[...]
(p) article 33, in so far as it relates to a particular beneficiary, on the first day of the first assessment period to commence for that beneficiary on or after 10th April 2023(9), and for the purpose of this sub-paragraph “assessment period” has the same meaning as in section 7(2) of the Welfare Reform Act 2012(10); [...]
So, it is correct that up-rating doesn’t take effect in UC until the next AP.