Cost of living payment

lisasimpson29

I'm in work but usually get a top up each month from universal credit, the month that would make me eligible for the cost of living payment I didn't get a payment from universal credit but I would have received about £60 if I didn't get money taken from my universal credit for DWP debt (overpayment) and council tax arrears. I'm just wondering if that still flags up as I have had a payment or means I won't get the cost of living payment? 

calcotti

That's a very interesting question - to which I unfortunately don't know the answer. I fear that because the government have aimed to make the calculation of who is eligible as simple as possible you may not qualify.

lisasimpson29

@calcotti that's what I was thinking 

calcotti

It will be harsh if that is the case.
The legislation is here
Social Security (Additional Payments) Act 2022 (legislation.gov.uk)

A person has a qualifying entitlement to a social security benefit in respect of a qualifying day if—
(a)in respect of universal credit, the person is entitled to a payment of at least 1p in respect of an assessment period ending during the period of one month ending with the qualifying day;

The question then is whether 'entitled to a payment' means what you are actually paid or whether it means the amount of UC to which you are entitled prior to deductions. There is nothing in the bill to clarify that one way or the other. My instinct is that a natural reading of the phrase would be the actual amount paid.

PC2016

I have read and re-read the GOV website and I read the "entitled to a PAYMENT" during the UC period of 25th April to 26th May 2022 - We are paid 4 weekly from income and the dates are during our payment cycle or NO UC mouth I save up for. I had a funny feeling when this was announced that we would be tripped up by this and from the way I understand it, the powers at be will in fact weasel out of paying several hundred people who really could do with this extra help. The MSE page states "entitled to universal credit" the GOV states "Payment". I hope I am wrong but more often that not I am right. On the up side it will be interesting to see if they some how weasel out of paying us the next payment, my early understanding is we should get this payment excluding force majeure.

jimhowell11

On a realted note, I wonder if anyone could clarify my entitlement.

In the Q&A with Rishi Sunak article in this site, it states:

‘To qualify for the first payment you'll already need to be receiving one of these benefits (or have begun a claim as of 25 May 2022 for one, which is later successful)’

But the latest gov guidance states:

‘To get the first Cost of Living Payment of £326, you must have been entitled to a payment (or later found to be entitled to a payment) of either: Universal Credit for an assessment period that ended in the period 26 April 2022 to 25 May 2022’

I started a successful Universal Credit application 22nd May 2022 but it now seems I’m ineligible for the payment.

GaleSF63

PC2016 said:

I have read and re-read the GOV website and I read the "entitled to a PAYMENT" during the UC period of 25th April to 26th May 2022 - We are paid 4 weekly from income and the dates are during our payment cycle or NO UC mouth I save up for. I had a funny feeling when this was announced that we would be tripped up by this and from the way I understand it, the powers at be will in fact weasel out of paying several hundred people who really could do with this extra help. The MSE page states "entitled to universal credit" the GOV states "Payment". I hope I am wrong but more often that not I am right. On the up side it will be interesting to see if they some how weasel out of paying us the next payment, my early understanding is we should get this payment excluding force majeure.

If people do miss out it will most likely be because their solution is the best the government could come up with, or is slightly flawed. There is going to be a great deal of money paid out under this scheme so I doubt if the government will be deliberately trying to weasel out of paying a few hundred. It would scarcely make a ripple.
I hope you get the payment. 

PC2016

GaleSF63 said:

I hope you get the payment. 

Thanks, I fear I won't. I used the word weasel, although cynical and meant in contempt to our current leaders, apologies if this was a little harsh however instead of "payment", "entitled to" would of encompassed all and would be a fairer solution. Admittedly this is pure speculation on my behalf and I will post an update with in due course. It would be interesting to see the statics on how many UC claimants in work that miss out on a payment due to the payment cycle, because of wage payment patterns, if it turns out that I am correct.    

Spoonie_Turtle

PC2016 said:

GaleSF63 said:

I hope you get the payment. 

Thanks, I fear I won't. I used the word weasel, although cynical and meant in contempt to our current leaders, apologies if this was a little harsh however instead of "payment", "entitled to" would of encompassed all and would be a fairer solution. Admittedly this is pure speculation on my behalf and I will post an update with in due course. It would be interesting to see the statics on how many UC claimants in work that miss out on a payment due to the payment cycle, because of wage payment patterns, if it turns out that I am correct.    

First off, I agree it's unfair they've used such a blunt instrument to administer because people have fallen through the cracks.  But to address your point, setting the criterion for receiving a payment is how they are working out who is "entitled to" the benefit.  If you've had nil payable in that month then you weren't entitled to the benefit that month (nor for any of the passported help such as for health costs).  If they'd set it to include everyone who had an open claim, regardless of whether people were eligible for any payment, they'd have opened it up to people who didn't actually qualify for UC too - claims currently stay open for six months with nil payable, unless the claimant actually closes it.

Fairer would probably have been including people who had a payment in two out of the three APs (March/April, April/May, May/June) to pick up edge cases like you and some others, and to include those who would have had a payment were it not for deductions for debt/DWP overpayments.  The latter would likely have been much more complex to administer though.

Unfortunately you can probably tell the people involved did not think it through fully, and most likely have no experience of dealing with actual benefit claims otherwise they should have foreseen some of these less straightforward situations.

JonVarnas

Are they basing whether you are entitled on the actual day that the assessment period ended, or when you actually received the payment? You see, my AP ended on the 19th May but I didn't receive a payment until 7 days later, which puts me out of the May 25th deadline.

Spoonie_Turtle

JonVarnas said:

Are they basing whether you are entitled on the actual day that the assessment period ended, or when you actually received the payment? You see, my AP ended on the 19th May but I didn't receive a payment until 7 days later, which puts me out of the May 25th deadline.

"Universal Credit for an assessment period that ended in the period 26 April 2022 to 25 May 2022"

The AP dates seem to be what matter.