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UNIVERSAL CREDIT, BENEFIT CAP AND THOSE PAID 4 WEEKLY


madge12
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Hi everyone

Wondered if anyone could help me.
I work part time and receive my salary 4 weekly. I receive some Universal Credit monthly on the 18 of every month.
Unfortunately the assessment dates of Universal credit may come within the dates of me receiving my wages within the 2 months, making it look like
i have recevied one huge salary, which is not true as its just the 2 separate wages per month but paid within their assement period.
I have contacted UC and they had said contact the secretary of state?

This is gonna happen again this month where i will be paid £0 into my rent account, gratful for some help.

There was a case with some women in the same predicment as me but the only differenc is that they were paid monthly and won their case in the high court.

 

I have just found this:

 

On 12 September 2019, CPAG issued judicial review proceedings on behalf of a single parent and her children challenging the application of the benefit cap to the mother’s universal credit award. The cap is applied to the mother despite the fact that she works 16 hours per week at national living wage, simply because she is paid 4 weekly rather than monthly. Permission to apply for judicial review was granted on 5 December 2019 and the case was heard on 12 May 2020. Judgment was given on 20 July 2020 with the court finding in the claimants' favour.

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Government passed legislation to deal with the earnings related ruling.

 

See the following link

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/935532/adm27-20.pdf

 

"Where a person is engaged in an employment where they are paid on a regular monthly basis and more than one payment in relation to that employment is reported in the same assessment period, the Secretary of State may, for the purposes of maintaining a regular pattern, determine that one of those payments is to be treated as employed earnings in respect of a different assessment period1 . 1 UC (EI) Amdt Regs, reg 2(6)  "

 

The Court ruling only required DWP to assist  claimants paid by their employers on a monthly basis and not those claimants paid 4 weekly by employers.. 

 

You can of course submit a mandatory reconsideration request to Universal Credit when they issue the UC payment statement affected by the 4 weekly pay, so you receive a decision by a DWP Decision Maker on behalf of the Secretary of Staff for DWP and then take the matter to Courts Tribunal if necessary.

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Information from CPAG after the court ruling led to changed legislation.

 

New universal credit assessment period regulations | CPAG

 

 

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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