Universal credit and private pension contributions

steely333

Couldent be clearer hope this helps, iv deleted my personal details.

RobinHill

steely333: Makes you want to swear. Only after an MR ... f##kwits, how can they not manage to follow their own ##### rules which are in black and white and even clear to lay people like ourselves!!! 😡

TMel42

steely333 said:

Couldent be clearer hope this helps, iv deleted my personal details.

Thank you so much for this, it’s total madness that mine has been refused at tribunal when quoting the very same regulations. 

Alice_Holt

calcotti said:

Alice_Holt said: 

       'UC have consistently failed to deduct all my any relievable pension contributions pensions contributions from earnings. The AP,s are xxx to xxx.  I would ask the tribunal to overturn these DWP decisions, and direct UC to apply Regulation 55 of the UC Regulations correctly to all my future pension contributions. These regulations make no distinction between private and occupational pension contributions.'

I suggest that it is not a matter of distinguishing between private and occupational pension schemes. rather it is that the regulations place no limitation on the application of regulation 55(5)(a) which is therefore clearly intended to apply to all relievable pension contributions. It therefore does not matter whether the contributions are shown on RTI records or are made by some other means.

      Yes.

     My main point was that if the OP has various MR's running for various UC AP's, then he should bring them together under one appeal submission. 

    Also - since the appeal judge in his decision notice specifically mentions private pensions, I would reference this  (and then go on to explain why this appears to be an error in law - as your wording more clearly explains).   

TMel42

Alice_Holt said:

calcotti said:

Alice_Holt said: 

       'UC have consistently failed to deduct all my any relievable pension contributions pensions contributions from earnings. The AP,s are xxx to xxx.  I would ask the tribunal to overturn these DWP decisions, and direct UC to apply Regulation 55 of the UC Regulations correctly to all my future pension contributions. These regulations make no distinction between private and occupational pension contributions.'

I suggest that it is not a matter of distinguishing between private and occupational pension schemes. rather it is that the regulations place no limitation on the application of regulation 55(5)(a) which is therefore clearly intended to apply to all relievable pension contributions. It therefore does not matter whether the contributions are shown on RTI records or are made by some other means.

      Yes.

     My main point was that if the OP has various MR's running for various UC AP's, then he should bring them together under one appeal submission. 

    Also - since the appeal judge in his decision notice specifically mentions private pensions, I would reference this  (and then go on to explain why this appears to be an error in law - as your wording more clearly explains).   

My MR’s have been to tax credits - regarding them not deducting the private pension contributions for April 2020- January 2021 when calculating my final tax credit payment and also not deducting my professional membership fee and a gift aid donation. Not heard anything back at all about this.

The original MR against UC for assessment period jan- feb 2021 for not deducting private pension contributions. I haven’t done MR’s for all the assessment periods since then but he problem still exists as I pay this private  pension contribution every month. 

Another MR against UC for not deducting professional membership fee from income. They say it is my choice to pay this and not wholly needed for work. 

Maybe I should have put in an MR each month but that would be another twelve on top of what I am already dealing with - it’s tiring! Can’t believe how inept they are. 

TMel42

Also UC and tax credits have already received financial statements of my private pension and bank statements to show payments into the private pension. 

Dazed_and_C0nfused

It clearly shouldn't have got this far without being resolved but maybe in future it would be worth only referring to these as contributions to a personal pension and not a private pension?

Maybe DWP think it is some some sort of private arrangement that isn't a qualifying pension?

Alice_Holt

https://www.scope.org.uk/advice-and-support/further-appeal-upper-tribunal/

TMel42

Dazed_and_C0nfused said:

It clearly shouldn't have got this far without being resolved but maybe in future it would be worth only referring to these as contributions to a personal pension and not a private pension?

Maybe DWP think it is some some sort of private arrangement that isn't a qualifying pension?

I never thought that would be an issue but I see your point. They have received statements of my pension though so have all the details to hand.

Dazed_and_C0nfused

It shouldn't be an issue really but in the circumstances you may think it better to try and be (even more) helpful if it helps you achieve the right outcome.