universal credit help. 2 wage payments in 1 month due to assessment period

amberenchanted

hello. is anyone able to help please. this month I got paid on the last friday of the month which fell one day after the assessment period. so for UC purposes I did not receive any wages. this means that next month I will have 2 wage payments in one month. I received £750 & full UC of £1500 (normally £1350) this month.
next month I will probably only receive £250ish UC plus my wages of £750-£900 (overtime this month) due to UC calculating on 2 wage packets.
I have contacted UC & they have said that this is correct due to the assessment period.
I am very worried that there will not be enough to pay my rent next month which is £900 per month plus the other bills & food etc. 
Does anyone know if there is anyone that I can contact to ask UC to re-assess this? or even get my assessment period changed to include the last day of every month so that it will not happen again?

Caz3121

worth a read here
https://forums.moneysavingexpert.com/discussion/6161939/universal-credit-assessment-period
https://forums.moneysavingexpert.com/discussion/comment/77325509#Comment_77325509

Alice_Holt

This recent case may have some bearing on your situation:
https://cpag.org.uk/welfare-rights/legal-test-cases/universal-credit-assessment-period-inflexibility
"The case concerned four single working mothers whose regular monthly pay dates for their wages fell close to the start/end of their assessment periods, resulting in them sometimes having two paydays in one assessment period. This issue caused them to experience fluctuations of their income and significant cash losses.    

The Court of Appeal found that SSWP’s failure to resolve the problem for such claimants was irrational. SSWP has indicated that she will not be appealing further. "

I would:
a) contact your MP quoting the case above, giving them your UC details, and ask for them to intervene with the DWP on your behalf;      and
b)  submit a mandatory reconsideration immediately you get next months UC payment notification -
 https://www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/challenging-a-universal-credit-decision-mandatory-consideration/
Then when you get the DWP response, appeal to the Tribunal Service (if the DWP decision is not in your favour).

The assessment period will not be changed.  See if your local advice charity can help you with an appeal.

calcotti

You will need to request a Mandatory Reconsideration. Refer to the case reported here https://cpag.org.uk/news-blogs/news-listings/court-appeal-finds-dwps-treatment-earnings-under-universal-credit-0
You cannot change your AP.

amberenchanted

Alice_Holt said

I would:
a) contact your MP quoting the case above, giving them your UC details, and ask for them to intervene with the DWP on your behalf;      and
b)  submit a mandatory reconsideration immediately you get next months UC payment notification -
 https://www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/challenging-a-universal-credit-decision-mandatory-consideration/
Then when you get the DWP response, appeal to the Tribunal Service (if the DWP decision is not in your favour).

The assessment period will not be changed.  See if your local advice charity can help you with an appeal.

hello Alice. thank you for your reply. I have had a look & just wanted to check that I should contact my MP immediately but not submit the mandatory reconsideration until I receive next months UC payment notification which will be significantly less, rather than asking for it now when they havent taken my wages into consideration.
thank you for your help. shelley 

zagfles

Are you claiming housing via UC? Figures would suggest not as you seem to have the higher work allowance.

calcotti

amberenchanted said: hello Alice. thank you for your reply. I have had a look & just wanted to check that I should contact my MP immediately but not submit the mandatory reconsideration until I receive next months UC payment notification which will be significantly less, rather than asking for it now when they havent taken my wages into consideration.

I think it's better to raise it now asking that they take the wage into consideration because you have already missed out the Work Allowance for that period when no earnings were taken into account.  

calcotti

There is a discussion on this subject here https://www.rightsnet.org.uk/forums/viewthread/16390/
There appears to be a view that the finding that the impact of this problem is irrational hasn’t actually changed anything.

amberenchanted

zagfles said:

Are you claiming housing via UC? Figures would suggest not as you seem to have the higher work allowance.

we get an allowance for housing costs in our UC payment. not the full amount as we have 2 adult children at home who are expected to pay towards the rent. 

calcotti

amberenchanted said:

we get an allowance for housing costs in our UC payment. not the full amount as we have 2 adult children at home who are expected to pay towards the rent. 

In that case I don't follow your UC figures.

amberenchanted said:..I received £750 & full UC of £1500 (normally £1350) this month. 

next month I will probably only receive £250ish UC plus my wages of £750-£900 (overtime this month) due to UC calculating on 2 wage packets.

Maximum UC entitlement = £1500
Because you have a housing element your Work Allowance is £292.
This means that if you receive £750 earnings there is an earnings deduction of (£750 - £292) x 63% = £288.54
UC payable = £1500 - £288.54 = £1211.46 but you said it was £1,350.

glothy

Hi all.

I’m recently affected by the same problem. I understand there was legislation passed on 16th November 2020 to deal with this issue. “From 16th November 2020, any claimant who receives two monthly wages, in the one Benefit Assessment Period (BAP), must contact DWP, ideally through their Universal Credit journal, by telephoning their Work Coach or Case Manager, and ask to have their award revised to ensure only 1 month’s salary is considered in that BAP.”

The legislation is the The Universal Credit (Earned Income) Amendment Regulations 2020.

However UC are still claiming they can’t do anything to ensure only one monthly payment is taken in to account in one assessment period. I’ve referred them to the regulations and stated my intention to take it to tribunal. Has anyone had any success in getting them to abide by the regulations since they came into force?