Universal credit and private pension contributions

NedS

Any DWP decision maker has the power to revise or set aside a decision where it is unlawful. I wonder if it may be worth contacting your MP and highlighting that you have followed procedure but are not getting anywhere and that both DWP and the tribunal have made unlawful decisions. At which point your MP may be able to get someone who is familiar with the law within DWP to look again at the decision. May be a quicker route than lodging an appeal with the upper tribunal.

TMel42

NedS said:

Any DWP decision maker has the power to revise or set aside a decision where it is unlawful. I wonder if it may be worth contacting your MP and highlighting that you have followed procedure but are not getting anywhere and that both DWP and the tribunal have made unlawful decisions. At which point your MP may be able to get someone who is familiar with the law within DWP to look again at the decision. May be a quicker route than lodging an appeal with the upper tribunal.

Yes definitely, I had already been in contact with my MP regarding this so will update her.

I think I will be best making another statement and bullet pointing everything to try to make it clearer. 

NedS

TMel42 said:

NedS said:

Any DWP decision maker has the power to revise or set aside a decision where it is unlawful. I wonder if it may be worth contacting your MP and highlighting that you have followed procedure but are not getting anywhere and that both DWP and the tribunal have made unlawful decisions. At which point your MP may be able to get someone who is familiar with the law within DWP to look again at the decision. May be a quicker route than lodging an appeal with the upper tribunal.

Yes definitely, I had already been in contact with my MP regarding this so will update her.

I think I will be best making another statement and bullet pointing everything to try to make it clearer. 

Yes, indeed.

1. You make contributions to a SIPP

2. They must be deducted from income under Reg 55(5)(a)

Nothing else is relevant to this case.

ader42

I know this is an old thread, but I'd like to add an even older link...

"Enabling and encouraging saving: the evidence around pension reform and saving" by the DWP in Feb 2013

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/223061/enabling_and_encouraging_saving.pdf


"Universal Credit includes a disregard for pensions saving - this is line with the current disregard of pension contributions in tax credits but is more generous than the current 50% disregard in Housing Benefit and the income related benefits.

This disregard means that £10 saved into a pension will not count toward your income for UC calculations, and the UC award will then be higher by £6.50. Effectively, the disregard means that someone on UC could contribute nearly £6 into their pension pot at a net cost of only £1."

"Universal Credit (UC) will increase the disregard for occupational and private pension contributions from 50% for people on income related benefits (IRBs) and housing benefit to 100%."

"Under UC, the £10 saved into a pension would not count towards earned income in UC calculations. The UC award would then be £6.50 higher (at 65% taper rates). This means that £10 saving would only cost the individual £3.50. Under automatic enrolment the £10 per week saved into a pension is also matched through employer contributions and tax relief; this means that an individual saving into a workplace pension will only pay £3.50 for £20 pension contribution - £6 goes into the pension pot at a cost of only £1."

Seems clear to me that this was by design and should be adhered to.

TMel42

Just an update- my case has gone all the way to upper tribunal. They made a decision to let the appeal stand at upper tribunal in Feb but I’ve only just received the paperwork for that. Now a presumably long wait to here the outcome. 

The loss is quite substantial, both monetary and mentally. It has forced me into a different job with more hours, this has had a detrimental effect for my son whom I’m a carer for. He is losing out on the time he needs me ( I’m home when he is home but have to do all the jobs I would have done whilst he was in school previously). 

Will update when things progress further 

steely333

TMel42 said:

Just an update- my case has gone all the way to upper tribunal. They made a decision to let the appeal stand at upper tribunal in Feb but I’ve only just received the paperwork for that. Now a presumably long wait to here the outcome. 

The loss is quite substantial, both monetary and mentally. It has forced me into a different job with more hours, this has had a detrimental effect for my son whom I’m a carer for. He is losing out on the time he needs me ( I’m home when he is home but have to do all the jobs I would have done whilst he was in school previously). 

Will update when things progress further 

Well done hopefully there is light at end of the tunnel for you 👍.
My case went backwards after things were going well and I was getting my payments on time, They then stopped it and said I needed an MR every single time, which is ok because they come back positive but now they delay each one, waiting for April's MR and Mays MR and now just started June's MR it's ridiculous and this is even with my MP involved, defo should go down tribunal or ombudsman route I think.

RobinHill

steely333: Your experience is pretty much word for word the same as my partner's. I wonder how many of you are out there ... class action? The on UC / off UC is really messing up her entitlement to other gateway benefits eg. CTS etc. Not least any sense of trying to plan and manage household finances. 

Erimgorf

Yes, same here... from April "due to a change of process your payments have to go to a decision maker each month. We have no timescale for this decision."  It's very frustrating!

TMel42

Hi everyone, so finally today after 22 months I have a resolve to my pension contributions and universal credit. It went all the way to Upper tier tribunal. The decision that the first tier tribunal judge toon has been set aside and my appeal has been ‘allowed’ ( won). 

I also have had many other issues with the benefits system - done I continued to deal with and some I let slide due to the magnitude of everything happening all at once. 

I have also received letters today regarding deductions for a civil penalty and carers allowance that should not have been taken out of my UC. 

I’m glad I continued the fight but we so should not have to deal with this when we are only trying to provide a good life for our families 

NedS

TMel42 said:

Hi everyone, so finally today after 22 months I have a resolve to my pension contributions and universal credit. It went all the way to Upper tier tribunal. The decision that the first tier tribunal judge toon has been set aside and my appeal has been ‘allowed’ ( won).

That is great news - well done for continuing to fight and getting the right result.