Universal credit overpayment

lor6126

I wonder if anyone knows the answer to this. My partner and I have split, I will be receiving UC alone now but we had a joint overpayment and he will not now be on UC but state pension. How will the overpayment be taken back ? Will I be liable for it alone ? It was actually him who was overpaid due to getting back dated pension but the overpayment was credited to our joint UC claim.

Thank you

NedS

See here: https://www.gov.uk/government/publications/benefit-overpayment-recovery-staff-guide/benefit-overpayment-recovery-guide

Who do we seek recovery from?

2.19 An overpayment is recoverable from the person who failed to disclose or misrepresented, however there are exceptions to this as below:

where it involves an overpayment of Universal Credit. An overpayment of Universal Credit is recoverable from the person to whom it was paid except where the Universal Credit claim is for a couple. In these circumstances both members of the couple are the payee and will both be jointly and severally liable for the overpayment (references to claimant below include both members of a couple in joint claim cases)

Then further down...

a couple separate (applies to Universal Credit debt only) - when a couple separate and they have an overpayment for which they are jointly and severally liable, the debt is apportioned 50/50 on separation. Any single penny remaining after apportionment is written off. Once this apportionment has been done we will not reverse the split liability decision. Any debt for which only one member of a couple is liable will follow that person on separation

The overpayment was not to him, it was to you both as it was a joint claim, so you are both equally liable. Consequently, as per above, the debt will be apportioned 50/50 on separation so you will each pay half. Your half will presumably be recovered from your ongoing UC claim.