Dispute over Universal Credit overpayment. Advice?

InNeedofAdvice

Apologies for the post length, but wanted to get across the full circumstances...

I was claiming Universal Credit for a short period between the end of 2016 and the start of 2017. But today, 6 months after ending my claim, having received a letter claiming that I was overpaid a full month's UC payment (£317).

I ended my claim on 11th January, halfway through the 'assessment period' which was from 18th December and 18th January – so over halfway in fact. When calling to cancel my claim, I had a discussion with an agent in which they confirmed that the payment I would receive would be pro-rata – i.e. would be an equivalent amount that covered from 18th January until 11th January and not the full payment.

My payment date came (24th January), and to my surprise, I had been paid the full amount (£317). I called immediately to clarify this as was expecting less, and was told by the agent the following:

1. The amount of £317 “may be correct anyway”, as she didn't work in the department that deals with payment calculations.

2. That I should have received a pro-rata payment that covered the period from 18th December until 11th January (around £200)

3. That if there had been an overpayment, that I would be notified in a reasonable amount of time – she said by the end of the following week, if not two weeks.

I had about 4 phone calls with them to discuss/clarify the above, and spoke to up to 4 different call centre agents (I cannot remember how many phone calls as it was 6 months ago)

So I used the equivalent 'pro rata' amount (around £200), and left the difference aside in case there had been an overpayment. I waited a week, two weeks, a month, two months. No letters, no phone calls. Eventually, I gave up waiting and spent the money.

As mentioned above, I then (nearly 6 months later!) receive a letter claiming an overpayment of £317.

I called the UC call centre who informed me that it was not their practice to pay 'pro rata' payments, and that I shouldn't have received any payment at all. I told them at least 4 agents back in January either agreed in my assessment of the situation or confirmed directly that I would be due a pro-rata amount.

A manager called me back today and said that he would initiate a complaint for me and that the call recordings from January would be listened to. I should hear back within 15 days.

I'm very frustrated by this.

- Surely 6 months is an unreasonable amount of time to wait before contacting someone regarding an overpayment?

- If I am told by up to 4 agents that I am due some kind of payment, regardless of the moment, then surely I would not be reasonably expected to not utilise that payment?

-If I am told that I should receive either a letter or phone call within 2 weeks if there has been an overpayment, then surely I shouldn't be expected to wait 6 months?

Where do I stand in all this?

Thanks.

marliepanda

You owe the money.

There is an assessment period in UC. If you earn over the amount, then you owe it back. Plus you knew you weren't entitled to it anyway.

Pay it back or they'll just find another way to take it.

InNeedofAdvice

marliepanda wrote: »

You owe the money.

There is an assessment period in UC. If you earn over the amount, then you owe it back. Plus you knew you weren't entitled to it anyway.

Pay it back or they'll just find another way to take it.

I don't think I do - surely I am entitled to a pro-rata payment that covered 18th December until 11th January (the end of my claim)? This would amount to around £200. I was also told that I may be due to entire payment the agent said she "doesn't deal with payment calculations so it might be right anyway".

This was confirmed by up to 4 different agents over the phone in January. So at the very minimum, I was misinformed regarding what I was entitled to. This would all have been recorded over the phone.

Also, is it not unreasonable for them to wait 6 months to notify me of an alleged overpayment?
Is it not unreasonable for me to be expected to hold on to any difference for an indefinite period?
Is it not unreasonable for me to expect at least the pro-rata amount (£200) is what I am entitled to as a minimum when call centre agents tell me this?

marliepanda

How much did you earn in your assessment period? 18th dec to Jan 17th.
That could negate your entitlement.

It's a monthly benefit, not weekly. It's not paid per week like JSA.

The call centre girl said it might be right but she didn't know. She didn't know. That's not confirmation. If the other call centre people said 'maybe' that's it confirmation.

Being informed after 6 months isn't unreasonable no. They can chase you legally for 6 years and deduct from your benefits indefinitely.

Unreasonable doesn't matter tbh. If you owe it, you owe it. It's not unreasonable to ask someone to pay back money they weren't entitled to.

InNeedofAdvice

marliepanda wrote: »

How much did you earn in your assessment period? 18th dec to Jan 17th.
That could negate your entitlement.

It's a monthly benefit, not weekly. It's not paid per week like JSA.

The call centre girl said it might be right but she didn't know. She didn't know. That's not confirmation. If the other call centre people said 'maybe' that's it confirmation.

Being informed after 6 months isn't unreasonable no. They can chase you legally for 6 years and deduct from your benefits indefinitely.

Unreasonable doesn't matter tbh. If you owe it, you owe it. It's not unreasonable to ask someone to pay back money they weren't entitled to.

What do you mean earn? As in employment? If so, I was unemployed for the entire period.

My assessment period was between 18th December and 18th January - I ended my claim on 11th January - so that's 24 days I abided by the UC contract/claimant commitment that entitled me to at least 24 days worth of benefit payment.

They can't have it both ways - when you initially start UC, they calculate a pro-rata payment, so why doesn't that apply at the end?

Up to 4 different call centre agents confirmed to me over the phone in January that I was due at least the pro-rata payment (24 days worth), and possibly the entire amount.

Then 6 months later I'm told the exact opposite. Surely the ball is in my court not theirs?

I feel like DWP are getting too much slack here - if this was a private company, I feel they'd be getting more criticism.

You say that if I owe something then I owe it - but I didn't agree to taking out a debt or oweing anything - I just abided by the contract rules and followed what the call centre agent(s) said, after taking the initiative myself to call them to clarify it.

marliepanda

You worked in your assessment period.

UC is a monthly benefit. Not a weekly one.

I could be unemployed for 3 weeks and then earn 1 million pounds in week 4.

Under UC, I'd get nothing. On JSA I'd get 3 weeks JSA.

InNeedofAdvice

marliepanda wrote: »

You worked in your assessment period.

UC is a monthly benefit. Not a weekly one.

I could be unemployed for 3 weeks and then earn 1 million pounds in week 4.

Under UC, I'd get nothing. On JSA I'd get 3 weeks JSA.

No I didn't. I was unemployed for the entire period - in fact I've been unemployed since 2015. I only ended my claim as I couldn't fulfill the claimant commitment (looking for work) any longer due to stress (external issues) - I just couldn't put the effort required in at that time of looking for work for 35 hours a week or whatever it is.. The DWP know that as I told them when I ended the claim.

So surely I am entitled to at least the pro-rata 24 days worth of payment?

tomtom256

The letter should tell you how to appeal the decision/over-payment, so appeal it or else pay it.

It's all laid out in black and white for you or at least it should be.

InNeedofAdvice

tomtom256 wrote: »

The letter should tell you how to appeal the decision/over-payment, so appeal it or else pay it.

It's all laid out in black and white for you or at least it should be.

It takes 15 days for my complaint to be looked at, I only initiated that today.

I'm posting on here to get other people's thoughts on it. Do you not discuss things with people or seek advice iif you are concerned about them or feel hard done by?

marliepanda

InNeedofAdvice wrote: »

It takes 15 days for my complaint to be looked at, I only initiated that today.

I'm posting on here to get other people's thoughts on it. Do you not discuss things with people or seek advice iif you are concerned about them or feel hard done by?

I am not 100% on what happens when you end a claim due to not being able to commit to the requirements.
I have asked a DWP colleague.

However, if you have been overpaid, none of what you say as 'unreasonable' counts.

Maybe a backdated claim for ESA would have been appropriate. What have you been surviving on since 2015 if you have been unemployed.

InNeedofAdvice

marliepanda wrote: »

I am not 100% on what happens when you end a claim due to not being able to commit to the requirements.
I have asked a DWP colleague.

However, if you have been overpaid, none of what you say as 'unreasonable' counts.

Maybe a backdated claim for ESA would have been appropriate. What have you been surviving on since 2015 if you have been unemployed.

Reluctantly supported by parents (in that I'm reluctant as I hate relying on them), but I'm not after a debate over the morals of that (I am now looking for work).

I wonder what it would take for the DWP to do something considered unreasonable. I've done absolutely nothing wrong here and only followed the instructions of the DWP's agents, yet I'm the one being put out by it. I didn't voluntarily ask to be put into debt like this, if I had known it was an overpayment I would not have used the money.

I didn't think you could backdate ESA, and I hear that the DWP are very reluctant to provide support like that for mental health issues which I why I was reluctant to seek it.