Universal credit and private pension contributions

WillowCat

calcotti said:

WillowCat, please keep us updated on this. It’s a very interesting issue - although not many are in a position to take advantage of it.

It is depressing how, sometimes at least, DWP appear to be ignorant of the law.

Today my partner got a grovelling apology from UC in a phone call.  He was the manager of the person who had called me, and had picked up the case as it had been escalated by my case manager.  He was very apologetic that my 'case had been handled so badly' and agreed there were no limit to pension contributions.  Almost immediately my payment was released and paid same day (it was a week late).  This is the amount before pension contribution factored in but the extra extra would be recalculated and paid.  Interestingly the decision maker who telephoned me originally is no longer working for DWP and 'was taking holiday' before she actually leaves.

RobinHill

Thank you for this post. Well done to Bec8605 and WillowCat. I know someone who has been trying to do exactly the same for sometime, but DWP UC stated that voluntary pension contributions made out of take home pay cannot be deducted. At the start this was challenged citing the legislation and they have really been dragging their heels. MR raised a few months ago. Chased and told "no timescale for a reply". It is disgraceful that the DWP are allowed to pay scant regard to the law and behave in this way. It impacts on people's lives for no good reason at all.

Dazed_and_C0nfused

RobinHill said:

Thank you for this post. Well done to Bec8605 and WillowCat. I know someone who has been trying to do exactly the same for sometime, but DWP UC stated that voluntary pension contributions made out of take home pay cannot be deducted. At the start this was challenged citing the legislation and they have really been dragging their heels. MR raised a few months ago. Chased and told "no timescale for a reply". It is disgraceful that the DWP are allowed to pay scant regard to the law and behave in this way. It impacts on people's lives for no good reason at all.

What seems particularly odd is that it is clearly a regular problem with UC and you would have thought that DWP would have ensured guidance was in place to avoid all this time being wasted by their own staff.

calcotti

Willowcat, thanks for letting is know. Glad it's resolved.

WillowCat

RobinHill said:

MR raised a few months ago. Chased and told "no timescale for a reply". It is disgraceful that the DWP are allowed to pay scant regard to the law and behave in this way. It impacts on people's lives for no good reason at all.

I asked my MP to intervene when my MR was basically ignored.  They chased it up and got the MR resolved quite quickly.  It is also possible to put an application in to the tribunal if DWP refuse to process the MR.  You do have to explain in the application why you are appealing without having the MR notice.

RobinHill

They have received a positive response to the MR. However they have only processed the payment for one month and not the rest, in addition they had the cheek to state that "technically it was deprivation income" but were granting the disregard as the law states that such pension fund payments are permitted. What a ridiculous statement to make.

calcotti

RobinHill said:.. they had the cheek to state that "technically it was deprivation income" but were granting the disregard as the law states that such pension fund payments are permitted. What a ridiculous statement to make.

Indeed. A more appropriate statement would be 'sorry'.

NedS

RobinHill said:

They have received a positive response to the MR. However they have only processed the payment for one month and not the rest, in addition they had the cheek to state that "technically it was deprivation income" but were granting the disregard as the law states that such pension fund payments are permitted. What a ridiculous statement to make.

My MR was refused on the grounds of deprivation of income, which of course is complete nonsense[*] - how can you possibly deprive yourself (meaning prevent from receiving) of something you have received and then paid into a pension. Further, DWP have actually acknowledged you've received it by way of their RTI feed and by taking it into account as earnings for UC. Totally ridiculous. My case was instantly overturned before appeal as soon as DWP legal had sight of my appeal documents, but that took a further 7 months. To try to argue deprivation of income just indicates the DM didn't bother to read and/or follow their own guidance (H3205) when making the decision.

* The advice for decisions makers notes on deprivation of income clearly state:

H3205
Claimants cannot deprive themselves of income that they have already received. If a payment of earned income is received it is actual income and should be taken into account in the normal way.

steely333

Hi guys
Had an update on mine after everything was finally running smoothly, even got a big apology sent to my MP about it all and there failings on my case, received my compensation few weeks later so brill.
But then its come to august supposed to get my DWP statement on 8th this did not get entered, was suppose to receive payment on 12th, did not get this either, so i put a note in my journal (nothing) so put a complaint in, finally got a reply saying they will look at it within 15 days, and as yet still no update on my statement or payment as to why so guess there taking the michael and waiting for my complaint to go through, surely this should not happen someone should respond in my journal regardless of complaint surely?
In meantime i have contacted my MP again and am waiting to hear back,
Trully is disgracefull they can put someone in financial harm with no word after 10 days.
Neil.

TMel42

Just received post regarding my case - they have refused at tribunal. Not sure where to go with this now or even bother. 

I’m wondering if it is an issue now that I have a private pension and a work pension. The work pension was started quite a few years after the private pension when it became a regulation of workplaces