Payments due or not? 22 November 2022 at 2:46PM in Benefits & tax credits 8 replies 338 views

larryharvey

Hi MSE,

I left the UK 11/11. Told the UC that I had left the UK on 11/11. My payment date is 18th of every month.

They closed my claim as of 18th of October. Although they acknowledge that I did not go abroad until 11/11.

I queried if I was not entitled to UC up until day I left the UK?

They have said no, but I believe this cannot be correct?

calcotti

UC is calculated on monthly periods. Each month payment is based on your situation on the last day of the monthly period. So if you leave GB you are not entitled to any payment for whole assessment period if you are not present on the last day of the assessment period.

You say that your claim was closed from 18th October. This is not consistent with being paid on 18th of the month. 

If you are normally paid on the 18th I would infer that your monthly period covers 12th to 11th of the month and your claim would therefore have been closed from 12th of the month.

Could you please clarify what dates your monthly period covers. 

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I infer you that you are leaving for more than month because you are allowed to be out of the country for up to a month.

larryharvey

Payment date is 18th and assessment period 12th. 

This makes little sense - I can be entitled to UC for 30 out of 31 days, and yet the final day cancels out the previous 30?

What happens if I tell them to close my claim on the 11th?

larryharvey

Yes you are right they closed it 12th.

calcotti

larryharvey said:

Yes you are right they closed it 12th.

In that case I believe they are wrong.

See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1116621/admc1.pdf

Meaning of “in Great Britain”

C1121 To be “in” a place means to be physically there on the day or period in question. It is not the same as being resident in a place. A person may be resident in a place without being present there and vice versa.

C1122 With regard to any particular day, a person should be regarded as present if they are in GB for part of a day: thus the day when a person arrives in GB and a day when they leave count as days when they are “in” GB.

On this basis you should be treated as in GB on 11th November and you are entitled to be paid for the period 12th October to 11th November.

I suggest you request a Mandatory Reconsideration of the decision to close your claim on 12th October and refer to that guidance.

larryharvey said:

This makes little sense - I can be entitled to UC for 30 out of 31 days, and yet the final day cancels out the previous 30?

As regards the above - had you left on the 10th November you would not have been present in GB on 11th November and you would not have been entitled for any payment for 12th October to 11th November because of the way UC works (based on your circumstances on the last day of the assessment period concerned).

calcotti

larryharvey said:

Payment date is 18th and assessment period 12th. 

Sorry - need to check that again. If payment date is the 18th I would expect the assessment period to be 12th to 11th. Can you please confirm that is correct? My previous reply depends on your assessment period ending on the 11th.

larryharvey

If I had closed my claim a day earlier than the deadline? I would not have benefitted from the other 30 days? Should I be told this?

calcotti

larryharvey said:

If I had closed my claim a day earlier than the deadline? I would not have benefitted from the other 30 days? Should I be told this?

As explained your payment for the whole month is based on the circumstances on the last day. I can't find another way to keep saying the same thing. That's how UC works.

You haven't answered

calcotti said: Sorry - need to check that again. If payment date is the 18th I would expect the assessment period to be 12th to 11th. Can you please confirm that is correct? My previous reply depends on your assessment period ending on the 11th.

poppy12345

larryharvey said:

If I had closed my claim a day earlier than the deadline? I would not have benefitted from the other 30 days? Should I be told this?

No, not at all.