RTI dispute re UC claim

Alice_Holt

Can anyone link me to the bit in the Decision Makers guidance which states incorrect RTI information re earnings can be over-ridden by the DM if the claimant produces proof of earnings for that UC assessment period.
I seem to remember calcotti quoted it in a thread, but can't easily find the thread or the DM guidance.

Is there a relevant UC regulation. I thought Reg 61 3 (b) might apply, but am not sure if that helps?
Is there an updated version of Reg 61 which provides the DM with discretion to amend RTI

Many Thanks.

calcotti

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/767105/admh3.pdf
Paragraphs H3191 to H3194

The ADM references back to Regulation 61(3)
(3) Where, by virtue of paragraph (1), the calculation of employed earnings is to be based on information reported under the PAYE Regulations, those employed earnings are to be treated as if they had been received by the person in the assessment period in which the Secretary of State receives that information, unless the Secretary of State has made a determination in accordance with regulation 54(2)(b) (estimate where information not reported) in relation to a previous assessment period.

I agree that in this context the regulation is not clear in that it refers to where information is 'not reported' rather than 'suspected to be incorrect'.

Alice_Holt

Many thanks calcotti. That is very helpful

I have also found the CPAG judicial review pre-protocol letter template which answers my question about the relevant UC regulation.

JR12 letter on the CPAG website. Reg 61 as amended by Sch 2 2014.

calcotti

Have just realised that the version of UC regulation 2013 on legislation.gov.uk does not include the updates. The text was updated by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014

Regulation 61 now reads

61.—(1) Unless paragraph (2) applies, a person must provide such information for the purposes of calculating their earned income at such times as the Secretary of State may require.

(2) Where a person is, or has been, engaged in an employment in respect of which their employer is a Real Time Information employer—

(a)the amount of the person’s employed earnings from that employment for each assessment period is to be based on the information which is reported to HMRC under the PAYE Regulations and is received by the Secretary of State from HMRC in that assessment period(1); and

(b)for an assessment period in which no information is received from HMRC, the amount of employed earnings in relation to that employment is to be taken to be nil.

(3) The Secretary of State may determine that paragraph (2) does not apply—

(a)in respect of a particular employment, where the Secretary of State considers that the information from the employer is unlikely to be sufficiently accurate or timely; or

(b)in respect of a particular assessment period where—

(i)no information is received from HMRC and the Secretary of State considers that this is likely to be because of a failure to report information (which includes the failure of a computer system operated by HMRC, the employer or any other person); or

(ii)the Secretary of State considers that the information received from HMRC is incorrect, or fails to reflect the definition of employed earnings in regulation 55, in some material respect.

(4) Where the Secretary of State determines that paragraph (2) does not apply, the Secretary of State must make a decision as to the amount of the person’s employed earnings for the assessment period in accordance with regulation 55 (employed earnings) using such information or evidence as the Secretary of State thinks fit.

(5) When the Secretary of State makes a decision in accordance with paragraph (4) the Secretary of State may—

(a)treat a payment of employed earnings received by the person in one assessment period as received in a later assessment period (for example where the Secretary of State has received the information in that later period or would, if paragraph (2) applied, have expected to receive information about that payment from HMRC in that later period); or

(b)where a payment of employed earnings has been taken into account in that decision, disregard information about the same payment which is received from HMRC.

(6) Paragraph (5) also applies where the Secretary of State makes a decision under regulation 41(3) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013(2) in a case where the person disputes the information provided by HMRC.

(7) In this regulation “Real Time Information Employer” has the meaning in regulation 2A(1) of the PAYE Regulations(3).”.

This is much clearer.

A side note; It is absurd that what first comes up even under the latest version on legislation.gov.uk is not uo to date. In the case of benefits there are so many changes to the legislation that it is very hard to track things through. If the people responsible for keeping legislation.gov.uk up to date can't keep up how is everybody affected by legislation supposed to know what's going on.
Of course if legislation was more carefully thought through in the first place there would ‘t be a need to make so many changes!

EDIT: Posted at same time as Alice posted her update.

calcotti

The House of Commons deposited paper on RTI says

"When Real Time Information may not be used
In exceptional circumstances, information provided by the claimant instead of RTI can be used to decide on the amount of earnings received in an assessment period. This can be where:

• information from the employer is unlikely to be accurate or timely
• information is not received because of an IT failure
• information appears incorrect or not to be earnings

The claimant is asked to self-report their earnings and provide verification of those earnings.
Disputed earnings
When a claimant disagrees with the information used to calculate their earned income, they will be asked to provide supporting evidence such as wage slips / bank statements for the disputed period.
This information and the reasons are checked against the information received via RTI such as gross taxable earnings less tax, National Insurance and pension contributions, pay dates and frequency of payments.
If it is established that the earnings are correct, a dispute is not raised.
When calculating the earnings, if the evidence provided by the claimant is used, the information received via RTI will be disregarded so the earnings are not taken into account twice.
If the dispute cannot be resolved the case is referred to the RTI Support Team."

Alice_Holt

Thanks again.

That is exactly what I was trying to find (but failing).

Cheers.

calcotti

Reading benefits rules is one way to pass the time on a wet afternoon!

Alice_Holt

calcotti wrote: »

Reading benefits rules is one way to pass the time on a wet afternoon!

:rotfl::rotfl::rotfl:

ToxicBarbie82

CUC/166/2017 Have a look at this Previous Tribunal Decision regarding RTI dispute where earnings were taken in to account in the wrong assessment period. I used this and got my decisions overturned before I even got my appeal date but printing the tribunal document and sending it to them. DWP and the tribunal state only earnings paid to claimants within an assessment period should be used and the RTI information to be disregard if they are incorrect or reported in the wrong assessment period.