Being over paid in error and UC

Blinkant1

Hello

I'm worried about my universal credit payments next month and was hoping someone might have a bit of advice what to do. 

So I work 1 day a week for the NHS and because I don't earn enough, I also receive the full amount of UC. 

In August, it looks like I was paid twice. I queried with HR and they admitted their error and I paid back one amount. However, when I looked at my payslip, both amounts were on there, meaning I would lose some of my UC money. 

I contacted HR again and they said I would see it come off in my Sept payslip and they are not responsible for any losses to UC. 

Does anyone have any advice on what I should do next, as I really can't afford to lose this money, especially as it wasn't my error to begin with?

calcotti

Blinkant1 said:

... I paid back one amount. ..I contacted HR again and they said I would see it come off in my Sept payslip ..

I don't follow this.
For the sake of argument let's say you are paid £300/month.
In August you were paid £600 but you have now paid back £300.
What are expecting to see in September?

TELLIT01

I presume the OP is hoping that the payslip will show something along the lines of Pay £300, minus previous overpayment return of £300.  Net pay £0.

Alice_Holt

Look at:

https://revenuebenefits.org.uk/universal-credit/guidance/entitlement-to-uc/rti-and-universal-credit/


"  Two payments in one assessment period for monthly paid claimants

Under Regulation 61(6), of the Universal Credit Regulations (as amended) where a person is engaged in an employment where they are paid on a regular monthly basis and more than one payment in relation to that employment is reported in the same assessment period, the Secretary of State may, for the purposes of maintaining a regular pattern, determine that one of those payments is to be treated as employed earnings in respect of a different assessment period.

This part of the regulation attempts to address the problem of two pays in one assessment period but only for monthly paid claimants. It does not help those, for example, who are paid four weekly and will routinely receive two pays in one assessment period but see above for whether the other re-allocation provision may help people paid weekly, fortnightly or four-weekly who are otherwise affected by the way their employer has reported a specific set of earnings.

Requesting reallocation of payments

It is important to understand that the UC IT system follows the general rule and therefore in the first instance, DWP will continue to allocate earnings information to assessment periods based on the date they receive the information from HMRC. That is the default position.

The reallocation provisions allow DWP to then move the reported payments to either the assessment period in which the payment was actually received (in respect of late or wrongly reported payments) OR to a different assessment period (in the case of two pays in one assessment period for monthly paid claimants).

Our understanding is that this is not an automatic process and claimants will need to ask DWP to reallocate payments. Note that it is sometimes beneficial to leave two payments in one assessment period rather than reallocate them (see below for further discussion of this point).  

We understand the following about the process from DWP:

• Claimants should check their UC payment statement to see if their award is less than they expect it to be. If it is, they should check the earnings information on the statement.
• If it looks like two of their monthly salary payments have been used to calculate the award (or a salary payment has been reported late or otherwise in the wrong assessment period) and they want a reported earnings payment to be reallocated to another period, they should contact DWP as soon as possible and ask them to re-allocate one of the salary payments to a different assessment period.
• The claimant may need to provide additional information or evidence. DWP say that in most cases they will be able to action this quickly and change the award in time for the correct payment to be made on the usual UC payment date. But it is important to contact them quickly and not wait until the UC payment is made because that will lead to delays putting the payment right. Some cases which are more complex may take longer for DWP to adjust.
• The quickest way for claimants to contact DWP on this issue is via their Universal Credit (UC) Journal, although they can also telephone the UC Helpline. 

As part of the development of processes to handle this issue, DWP are also gathering more information at the new claims stage about the frequency of earnings payments to help them identify early any claimants who may be affected by this feature. It is not clear whether this means DWP will reallocate payments in future, without a request from the claimant. 

DWP are introducing this process from November 2020 while it is still in development on a test and learn approach. CPAG have published more information on their website and are interested in feedback from advisers whose clients have tried to have monthly earnings information re-allocated under these rules."


Raise an RTI dispute on journal.
If you google "RTI dispute" you will find more info.
Ask payroll for a letter stating that your August payroll as submitted to HMCR was incorrect, and which confirms the correct value that should have gone through.  Send / download a copy to UC.

It won't be a quick process though.
Get your MP involved if UC refuse to adjust the RTI. DWP staff do have the discretion to amend, but often incorrectly tell claimants it can't be done.

calcotti

The process is now supposed to be automated.
https://news.dwp.gov.uk/dwplz/lz.aspx?p1=MJMDUzMDEyMDFTMzEzNDoxNkZFOTZDQkNEMDZDN0M1MzJFNTNFMDZFODcxMjhBNg%3d%3d-&CC=&p=0

Universal Credit has been improved with a new automatic process to ensure claimants receive more consistent benefit payments, even if their employer pays them early because of a bank holiday.
 DWP has changed its processes so that the Universal Credit system now automatically identifies claimants who receive a second monthly salary payment in one benefit assessment period.
 Staff will be able to move the second payment forward to the next assessment period in the system, ensuring the claimant’s benefits don’t fluctuate from one month to the next due to the system thinking a claimant has received increased wages in one month.