Closed my UC claim but no payment

davidcolett5

Hi all, 
I claimed UC for 2 months but closed my claim on Feb 4th as i started working for deliveroo ( dont pay much but better than UC while i look for work ). I was due to get told on the 4th what i would be paid on the 8th for the previous month of UC but i just spoke to them and they say because i closed my claim i dont get a payment for last month...that cant be right surley if they work a month behind? Its left me with some rent and gas bill issues and is kinda frustrating! 

Is that normal procedure or are they getting it wrong? Thanks!

calcotti

Yes I think this may be wrong. Generally because UC is based on your situation at the end of the month if you closed your claim the closing would logically be treated as taking place from the start of the assessment period which would result in no payment. This appears to be what has happened to you. However I am fairly sure there has been recent guidance that when a claimant closes their claim it should be treated as taking effect from the next assessment period. I will try and find this.

in future you may wish to note that there is no need to close a UC claim. If you start work you simply need to tell UC. Depending on your earnings you may still get some UC to top up your income - this is particularly useful if your earnings are going to fluctuate. If your earnings result in a nil entitlement DWP will lose the claim anyway but you can make a rapid reclaim by logging into your journal at any time during the following six months.

calcotti

Found it   https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/843708/adma4.pdf
paragraph 4130 applies:

“The relevant change is that the claimant no longer consents to be entitled to receive the benefit, or no longer wishes it to be payable. The date of the change is

....

4. for UC cases, the first day of the assessment period that follows the one in which the decision is made.

Note: The claimant cannot surrender benefit for a past period.

Example

A claimant is in receipt of UC. They start work which has the effect of reducing the amount of UC to £1 for each assessment period. The claimant writes to say that they no longer wish to receive UC. The DM accepts that the relinquishment is genuine. The decision awarding UC is superseded on a relevant change of circumstances to end entitlement, effective from the first day of the assessment period that follows the one in which the decision is made.”

This means that you are, subject to the normal calculation, entitled to a UC payment further assessment period during which you notify UC that you wish to cancel your claim. I suggest you ring UC and refer them to this guidance - Advice for Decision Makers paragraph 4130.

[Note for anybody else reading this. I think the situation may be different if somebody withdraws a claim before the end of their first assessment period - I think in those cases it may be as if the claim was never made.]

OP, if you are paid on the 8th of the month your assessment period appears to run from 2nd of the month to the 1st of the month. If you advised UC you wished to close your claim on 4th Feb it should not therefore take effect until 2nd March. Obviously if you receive earnings the 63% earnings deduction may result in a nil entitlement depending on the numbers.