UC & PCs Overpayments over 18 months

The clients are currently a mixed-age couple who moved in together mid-February 2022.

He was in a relationship in the North of England before splitting up and moving into this new relationship in Sussex where he now lives. He had a Carer’s Allowance claim for his former partner and a joint UC claim (I eventually worked all this out). This claim has continued to be paid until now (!) although he reached state pension age on 25th of May 2022. The joint claim with previous partner paid into his account appears to have continued at a reduced rate as his State Pension started being taken into consideration. He got one-off payments for 2022-2023. I have calculated an overpayment of UC to date of just under £3000-(again will increase but little as the monthly payments appear to have gone down to just under £27 / month once SP taken into account)

He has standard rate Daily Living PIP (in recovery for drug / alcohol dependency). Matters get more complex as he was then wrongly advised “by friends” to make a claim for Pension Credits when he reached state pension age.
As he now lives with a new partner under state pension age, this claim should not have been made and a new joint claim for UC considered with new partner. The PCs claim has been backdated and the total overpayment now stands at £5200- (to 23/09/2023) just under but will clearly increase if it is left to run on. So action is required really.

The Carer’s Allowance claim for the first partner appeared to have continued until 25 April 2022 and then stopped. So there must have been a change of circumstances made. He is incapable of recollecting what was done. But clearly the claim was stopped (and there are often delays with the CAU). Any overpayment of CA is cancelled out as it is deducted pound for pound from UC Maximum Credit still running…

At the time that he moved in mid-February 2022, his new partner is working full time. Even taking into consideration support with housing costs, there is NO entitlement to UC if they had made a new joint claim for UC at the time and until August 2023.

In the Summer of 2023, the new partner is diagnosed with Terminal cancer, SR1 has been issued, she stops work. On Statutory Sick Pay from late August 2023. Struggling to get info on her last pay. So I have to look at the ‘potential’ entitlement to UC going forward with support with housing costs as they are paying private rent of £750 / month (LHA rate for one-bed here is £115.07 / week), and despite all the above, clearly they will not be able to pay the rent now, without support or they will struggle as it will have to be paid from their PIPs. I put in a PIP SR claim for her mid-September when the case was referred to me.

They got married and he is now on the tenancy agreement (she was sole tenant previously). .. but they have no money for funerals.

Job Centre Plus and the Pension Services (Pension Credits) have not yet been notified (I have just got my head around 18 months of bank statements etc) of the UC overpayment and PCs overpayment now.

He is incapable of coping (I fear he descends into depression and risk of relapsing) with this and she is too ill (clearly) to be stressed with all this. I am posting because I would welcome any thoughts on the best way forward with this.
Namely, tackling overpayments (engaging with JCP and PCs) without FULLY jeopardising any existing UC joint claim entitlement (with the housing costs and LCWRA for her). I expect they now have an entitlement due to her losing income - down to SSP- and this being limited as Work Allowance will apply so very limited Tapered Earnings to deduct alongside his pension which is £153.41 / week. This means that there is now going forward a case for a joint UC claim with support with housing costs that would return approx. (if she just gets SSP) £937 / month UC (taking SSP tapered & SP for him)

Clearly overpayments (UC & PCs) will need to be recovered I expect… so deductions made from this.

My thought was to escalate the case with the Local Job Centre Plus, hoping that, having done ALL the calculations, I can manage to set up the new UC claim for them and tackle the ‘overpayments’ at the same time.

Please any suggestions, other thoughts on the way forward is more than welcome. He is totally on edge and struggling clearly with the fact that she is at end of life and I am trying to ‘protect’ her as she has had no claim for benefits so far / worked and paid the rent.

Thank you….

Hello Michelle,
I am not good on the geography of Sussex by the sea but the Mac website shows a Macmillan Benefits Advisor on 01323 635989 or the Macmillan Support Line on 0808 808 0000 should be able to do a Macmillan Grant assuming they have next to no savings.
Sorry can’t suggest anything re the O/Ps.