UC Overpayment - querying it

DanielDeronda

I'm currently claiming Universal Credit & received a note on my journal saying I'd been overpaid in September 2018 & they want me to repay it.

Here's a bit of context, I originally received JSA contributions based for first 6 months of my claim, my standard allowance & my service charges are paid via UC.

After 6 months my JSA claim finished (on 12 September 2018). I received my 1st allowance of UC on 21 September 2018. This is what is being queried. I understand there may have been overlap between my claim for JSA ending & my exclusive UC starting, but I don't know how they've worked out the amount I've got to repay.

Does this sound valid? The overpayment is £100+ My assesment period is 17th to the 16th of the next month.

I'm waiting for a case manager to respond. Any thoughts would be appreciated.

calcotti

If there was overlap but UC didn't take any JSA into account then there will have been an overpayment. The overpayment will be the daily rate of JSA multiplied by the number of days for which you were entitled to JSA within the assessment period.

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Ask them to send you a written statement of reasons including a calculation sheet of how the overpayment amount has been arrived at.

If there was an overpayment you will have to pay it back.

Your bank statements and JSA letters should tell you what date JSA was paid up to. 
Your bank statements and UC letters should state what date UC was paid from. 

Calculate it yourself based on your bank statements.

calcotti

Your UC assessment period was 17th August to 16th September. You said the JSA ended on 12th September. There were therefore 26 days of JSA within that assessment period. At a rate of £73.10/week (assuming you were 25 or over) that would be £271.51 which should have been taken into account in calculating the UC payment.

DanielDeronda

calcotti said:

Your UC assessment period was 17th August to 16th September. You said the JSA ended on 12th September. There were therefore 26 days of JSA within that assessment period. At a rate of £73.10/week (assuming you were 25 or over) that would be £271.51 which should have been taken into account in calculating the UC payment.

Thanks for the summary above, I had a spreadsheet with all my payments into my bank account etc but couldn't see how the £281.18 income for the relevant period was calculated & should have been reduced from my UC allowance.

Using your formula above, I've added an extra day so 27 & I get the correct amount, so £316.76 X 12 / 365 or £73 10 X 12 / 365 to get daily amount of £10.414 for JSA in 2018 & multiplied that by 27 (the days of JSA that weren't taken into account as income), giving me the £281.18.

I will contact DWP to arrange a repayment plan as the amount I need to pay back is £127.46 & have little if no additional income over paying bills & food.

Thanks for your help.

calcotti

27 days seems correct, I miscounted! In your opening post just mentions £100+ so I assumed you meant a little over £100 and was perplexed when I arrived at over £270.

DanielDeronda

calcotti said:

27 days seems correct, I miscounted! In your opening post just mentions £100+ so I assumed you meant a little over £100 and was perplexed when I arrived at over £270.

Sorry the overpayment was £100+ (£127.46), the £281.18 referred to the "income" that wasn't offset that period.  Do I have any means of challenging the overpayment given it was an error by DWP overlooking the £281.18 until now (over 2yrs ago)? 

It is quite a significant amount for me to have to pay back, as any reduction in my future UC payments will have an impact on me paying my bills/buying food etc.  I know they do repayment plans, but every penny counts for me.  I've seen various things online about waiver of overpayments, but am not confident on how to pursue/if I should pursue further.  Benefits are an absolute minefield, even with some experience with them!!  I'm contacting Citizens Advice for further information.

poppy12345

Unfortunately when claiming UC, all overpayments (even errors) need to be repaid back.

calcotti

DanielDeronda said:

calcotti said:

27 days seems correct, I miscounted! In your opening post just mentions £100+ so I assumed you meant a little over £100 and was perplexed when I arrived at over £270.

Sorry the overpayment was £100+ (£127.46), the £281.18 referred to the "income" that wasn't offset that period.  

JSA income is unearned income and would be deducted in full. If £281.18 should have been taken into account and was not the UC overpayment would be £281.18. 

DanielDeronda

calcotti said:

DanielDeronda said:

calcotti said:

27 days seems correct, I miscounted! In your opening post just mentions £100+ so I assumed you meant a little over £100 and was perplexed when I arrived at over £270.

Sorry the overpayment was £100+ (£127.46), the £281.18 referred to the "income" that wasn't offset that period.  

JSA income is unearned income and would be deducted in full. If £281.18 should have been taken into account and was not the UC overpayment would be £281.18. 

They paid me £317.82 as the standard 25yr+ UC allowance on 21 September 2018, but should have offset that by £281.18 (the JSA part of the calculation, as per the above formula), add the service charges support of £153.72 which is correct & that is how the correct payment has been calculated of £190.36.

So £317.82 (actual payment)- £190.36 (correct payment) makes a required payment back for me of £127.46.

calcotti

DanielDeronda said:

calcotti said:

DanielDeronda said:

calcotti said:

27 days seems correct, I miscounted! In your opening post just mentions £100+ so I assumed you meant a little over £100 and was perplexed when I arrived at over £270.

Sorry the overpayment was £100+ (£127.46), the £281.18 referred to the "income" that wasn't offset that period.  

JSA income is unearned income and would be deducted in full. If £281.18 should have been taken into account and was not the UC overpayment would be £281.18. 

They paid me £317.82 as the standard 25yr+ UC allowance on 21 September 2018, but should have offset that by £281.18 (the JSA part of the calculation, as per the above formula), add the service charges support of £153.72 which is correct & that is how the correct payment has been calculated of £190.36.

So £317.82 (actual payment)- £190.36 (correct payment) makes a required payment back for me of £127.46.

That makes sense, the JSA is being offset by the service charges entitlement which was also missed off the payment. Didn't realise there was more to it than just the JSA.