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HMRC Tax Rebate on Universal Credit

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  • They are not the same tax code. Ordinary tax code is 1185 L, whereas emergency tax codes are 1185W, 1185M or 1185X

    The emergency tax code is 1185L. Operated on a non cumulative basis

    The tax codes you have quoted are not genuine tax codes, they are just ways employers are showing the different between the standard 1185L tax code (on a cumulative basis) and the emergency code 1185L on a non cumulative basis.

    Either way any tax code of 1185L means you can earn £988/month before any tax needs to be deducted.
  • Here's another scenario of Ms McVey's crackpot scheme. You make a claim for UC on 1st January 2018 and then start full time work on 1st February 2018. You decide to close your UC claim because you are not getting any money now from UC and you are sick of getting your head pecked at by Esther. Three months later the job ends and you make a fresh claim for UC on 15 May 2018. The DWP use the same assessment date as your previous claim as 1st of the month - is it 1st of May 2018 or 1st January 2018 or 1st February 2018? If it is 1st May 2018 then 2 weeks earnings from your previous job will be deducted from your UC award even though you were not claiming UC. Is UC tied around a previous claimant's neck like a millstone for 6 months or until they die of being pecked to death by the DWP?
  • Dazed, Yes OK my emergency tax code on my payslips is 1185 L W1. This is an emergency tax code. I am paying too much tax and any tax refund from HMRC the DWP want to take for themselves. They have no chance because I will stop this happening.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    mineral68 wrote: »
    'If you claim before six months your assessment period is the same as the last one.'
    This makes no sense. Lets say you previously claimed 1st January 2018 and then closed your claim on 15 May 2018. If you then made a fresh claim on 16 May 2018, then why would your assessment period be again from 1st January 2018 to 1st February 2018? Why would it not be from the date of the new entitlement of 16 May 2018 to 16 June 2018?

    We’ve been through this before in this topic. That is not what is being suggested. What does not change is the calendar day of the month for assessment periods will be as before if you reclaim within six months. Furthermore DWP can look at all of your income in any intervening period (if it less than six months) to see if it affects your new claim - currently it is unlikely to do so because of the high disregard figure.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mineral68 wrote: »
    Here's another scenario of Ms McVey's crackpot scheme. You make a claim for UC on 1st January 2018 and then start full time work on 1st February 2018. You decide to close your UC claim because you are not getting any money now from UC and you are sick of getting your head pecked at by Esther. Three months later the job ends and you make a fresh claim for UC on 15 May 2018. The DWP use the same assessment date as your previous claim as 1st of the month - is it 1st of May 2018 or 1st January 2018 or 1st February 2018? If it is 1st May 2018 then 2 weeks earnings from your previous job will be deducted from your UC award even though you were not claiming UC. Is UC tied around a previous claimant's neck like a millstone for 6 months or until they die of being pecked to death by the DWP?

    In this scenario the first assessment period for the second claim would run from 1st May. Any earnings received after the 1st May will be taken into account when working out what you receive as UC for that first period.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • What if someone's assessment period runs from say 28th of each month and this time they work until 25th of May 2018. They make a new claim for UC on 26th May 2018?
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 28 December 2018 at 2:47PM
    mineral68 wrote: »
    What if someone's assessment period runs from say 28th of each month and this time they work until 25th of May 2018. They make a new claim for UC on 26th May 2018?

    Just because they’ve started work doesn’t mean the UC claim has ended, it will continue until claimant has income which results in a nil entitlement.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • I've just spoken to a different person on the UC helpline today and he again confirmed that if you close down your UC claim (or it is closed down for you), then on making a new application for UC your assessment period will be from the date of new claim/entitlement and not the same as old claim assessment date. Perhaps someone else might like to phone them (0800 328 5644) to see what they say to them.
  • And here's regulation 21(3):

    'Where an award for universal credit has terminated and a further award is made WITHOUT A CLAIM....'

    Therefore if you make a new CLAIM (full application) then the assessment period of the new award is NOT the same day of each month as the assessment period in relation to the old award.

    When you think about this logically it has to apply. You simply cannot be subject to UC rules and regulations if you are not on UC.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 28 December 2018 at 3:46PM
    mineral68 wrote: »
    And here's regulation 21(3):

    'Where an award for universal credit has terminated and a further award is made WITHOUT A CLAIM....'

    Therefore if you make a new CLAIM (full application) then the assessment period of the new award is NOT the same day of each month as the assessment period in relation to the old award.

    When you think about this logically it has to apply. You simply cannot be subject to UC rules and regulations if you are not on UC.

    I was just looking at the regulation also and noting the words you have highlighted. I think a further award without a claim can only arise in a live service area and as these have all now gone this regulation is effectively redundant.

    I agree with your reading that this suggests that a new claim would result in a new assessment period contrary to the guidance previously identified. All very confusing!
    FOI response here confirms assessment period dates are maintained if UC award has ended due to nil entitlement ttps://www.whatdotheyknow.com/request/317043/response/783603/attach/3/617%20Universal%20Credit%20Reawards%20rapid%20reclaims%20run%20ons%20Policy.pdf. It may be that if the claimant formally ends the claim it is treated differently.

    I also agree that you cannot be subject to UC regs while not on UC but that does not preclude the assessment of a claim including a look at events prior to the date of claim.

    Do please come back and let us know how you get on.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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