cost of living payment 9 September 2022 at 8:46PM in Benefits & tax credits 4 replies 301 views

xxxxxxxx

Gov.uk says if you get UC nil £0 due to earnings you don't qualify for the COLP 

But someone has UC £0 due to NS ESA C  and a small capital tariff being deducted. Neither is earnings.  

Does anyone have the legislation for the COLP please? 

calcotti

https://www.legislation.gov.uk/ukpga/2022/38/contents/enacted

There is no entitlement to UC there will generally be no CoL entitlement. Exceptions would be if there are recoveries for debt recovery. A tariff reduction due to capital resulting in no UC entitlement will exclude CoL entitlement.

xxxxxxxx

Thank you, reading that, gov.uk has oversimplified it relating it to only earnings.  

It sucks that someone who claimed UC and ESA C has lost their COLP which they would have had, if they had not claimed ESA C.  

I can't work out what the difference is between 1(2)(a) and 4(1)  

calcotti

xxxxxxxx said:

It sucks that someone who claimed UC and ESA C has lost their COLP which they would have had, if they had not claimed ESA C.  

Agreed.  

xxxxxxxx said:

I can't work out what the difference is between 1(2)(a) and 4(1)  

The first set the qualifying date for the first payment.
The second gives the SOS the authority to set the qualifying date (which hasn’t yet been set) for the second payment 

poppy12345

I'm sure i read somewhere that someone else in this situation didn't receive the first CoL payment of £326.