UC and updating claim/joint claim.

[Chayton]

Posting this on behalf of my daughter.   

 

Following escaping a domestic abuse situation a few years ago, she is now a single parent of two, one of whom receives PIP. 

She has had a boyfriend for a while, and they recently decided to move in together (he moving into her flat). 

 

She receives Universal Credit, her assessment period this month was from 30th Jan to 26th Feb. He moved in on 22nd Feb.  He lost his job in the previous few days, not sure how long before, but not more than a few days I believe. 

 

Prior to his moving in and while he was still working, he received his wages weekly.  He lost his job and his company will soon be paying him four weeks wages in lieu of notice.

 

They did what they were supposed to and told DWP as soon as possible. They had to make a joint claim, since he was now unemployed, which they did, giving all the details they were required to.   

 

The DWP have now informed my daughter that this months payment will be reduced because they have taken his wages for the full assessment period - i.e. from 30th Jan - into account in assessing the claim, despite the fact that he wasn't actually living there for three weeks of that, and also that the money he was paid - because he wasn't living there - has been paid out in rent and bills on his previous property.   

 

This has more than halved her UC from previous months, leaving her with not even enough to pay her rent this month, let alone food, gas, electric or other bills.   

 

Its a bit of a weird situation because of the joint claim and him losing his job almost at the same time,

 

I was wondering does anyone know if this is right, that they would take the money he earned before he moved in into account bearing in mind that this money was for rent and bills in his previous home? 

 

 Its not like he was paid a month in arrears and they havent had the money yet, it was paid weekly, he's already had it and spent it on his rent and bills.   

 

Surely they cant expect him to be responsible for two rents, two sets of bills etc with one wage?   

 

Any info would be appreciated.   

Thanks    

Sorry if this is a bit rambling.

[dx100uk]

then you need to correct them.

 

dx

 

[Chayton]

Errm, was there an answer there?

[dx100uk]

erm ...yes . you need to correct them.

[Chayton]

I was wondering if what they have done is correct.  Can they backdate the whole joint claim to the start of her single claim's assessment period and take his wages from before he was even living there into account.    What i was looking for is advice on the legalities or otherwise of what theyre doing.  If what theyre doing is already correct, then correcting them isnt going to help much...unless I'm missing something?

[unclebulgaria67]

What UC has done is correct.

 

UC takes into account all information during the assessment period. Unfortunately, this includes the partners wages. They just receive all of the months wages information, even though it was weekly pay, on the last day of the assessment period and calculate UC months award using all pay during assessment period dates.

 

This is a design feature of UC claims which legislation allows for, so to appeal this would require mandatory reconsideration of the UC statement award, which would probably be rejected by DWP and to then go through Courts tribunal process.

 

Moving in before 26th February was an expensive mistake.