Universal credit and private pension contributions

huckster

Well done !  Suspect that there will still be process issues to deal with, due to manual intervention being required.

And DWP might decide to review legislation and make changes.

TMel42

If they review the legislation is it not discriminatory? For most of my time on benefits I was part of a two income family, the only reason receiving benefits was because I have a child with disabilities. Then I became a single parent. This last year is the first year  have been able to work more hours and have a better wage that works around my son’s disabilities, if it weren’t for the benefits received for him I wouldn’t even be in the benefits system. 

I will thankfully be out of the system in the next couple of years but my caring duties continue and I will have to complete all the rigmarole for my son for the rest of his life. 

Maybe what they should look at instead of trying to make peoples life hell is how they can keep parent carers in work, so they aren’t having to rely on benefits, instead of cutting budgets and spending for people with disabilities both when they are at school and especially at post 16 level. 

huckster

I meant they might review legislation purely down to finance. But that is a debate, which may be subject of a future thread.

Government at the moment appear to be concentrating on growth, with ministers taking about 'growing the size of the pie'. And also how the 'pie' is shared out.  According to media, Government ministers are currently arguing with each other about changes to benefits.

Dazed_and_C0nfused

huckster said:

I meant they might review legislation purely down to finance. But that is a debate, which may be subject of a future thread.

Government at the moment appear to be concentrating on growth, with ministers taking about 'growing the size of the pie'. And also how the 'pie' is shared out.  According to media, Government ministers are currently arguing with each other about changes to benefits.

They could do worse than have a chat with someone senior at Marks & Spencer or Waitrose, they're both pretty good at pies 😀

steely333

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). 

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 

Congratulations bud,still confusing how it had to go to tribunal, I just have to have an MR every month which is delayed and late all time. In the outcome of yours was it mentioned how they are to deal with your contributions now as it's still a manual process, but still I think should be treated same as manual input for self employed as with that there are no issues funnily enough.

TMel42

It wasn’t mentioned but as it was upper tribunal, I think ( correct me if I’m wrong!) it’s made case law. Previously there was no case law regarding this type of thing. I am unsure how it will pan out after the initial back payment is calculated. 

calcotti

Absolutely absurd that it went all the way to upper tribunal as the regulations seem completely clear to me.

NedS

calcotti said:

Absolutely absurd that it went all the way to upper tribunal as the regulations seem completely clear to me.

Agreed. The regulations are abundantly clear so there can be no grounds for confusion. I would have expected this to stop at the point someone from legal first looked at it - at least that is what happened with my case, although I think I did a really good job of summarising my case in the appeal documents so there was little grounds on which to fight it. However, I think sometimes DWP do a good job of obfuscating the issue by bringing in all sorts of other irrelevant arguments (alleged deprivation of income in my case), which if complainants get suckered into responding too, somehow gives them legitimacy. They look at it and think how can someone possibly be allowed to pay all their earnings into a pension and then claim UC, and they try to find all kinds of arguments why they cannot, when quite simply put the law allows for exactly that.

steely333

TMel42 said:

It wasn’t mentioned but as it was upper tribunal, I think ( correct me if I’m wrong!) it’s made case law. Previously there was no case law regarding this type of thing. I am unsure how it will pan out after the initial back payment is calculated. 

Hopefully in the coming days they will say how they want you to report your contributions so as to avoid any delays in payment of UC 
Mine works eventually through MR but it's as if they drag it out on purpose so over time I eventually give up and go away, I think with your case eventually if we had something official to throw at them we would not have to jump through hoops every month.

TMel42

Shockingly the first tier judge got it totally wrong with regards the regulations. I think the confusion started with UC staff using regs that related to other pension stuff ( when receiving pension income I think it was). 

I stayed very clearly the regs that should be followed, the upper tier tribunal judge used the very same regs as me. I totally believe it is because of the amount and that they have judged me as a person when they know nothing of my life, how hard I work to provide etc. and of course none of that matters and I can’t prove that. 

Whether there are the same UC regs in the future or not I would still be putting the money I currently do into my pension for the future of both myself and my children. I am the only person they can rely on or who can contribute to their future security after I am gone. To penalise people because they don’t agree with it is absolutely abhorrent. 

I am hoping the process does become easier since this but I have no expectations around it. I have to fight every day for my son with disabilities to receive an education and the care and help he needs, I do not expect that all of these fights against the various systems will disappear unfortunately.