HMRC giving incorrect payment information to DWP, affected UC award

JonVarnas

Finally got a response from the DWP and...thy're still waiting for a response from the employer. Yet, when I spoke to them on the phone earlier, they said it was with a decision maker(??). Don't know what the hell is going on with these chumps.

kaMelo

You seem to have a lot of vitriol for the DWP yet your problem here is entirely the fault of your previous employer.
I've no idea what kind of accounting trick they may have done but, whilst it may balance their accounts, if they've reported incorrect RTI figures to HMRC then they need to correct them. If they're not playing ball then tell HMRC and get them to give the employer a prod. 

HillStreetBlues

kaMelo said:

You seem to have a lot of vitriol for the DWP yet your problem here is entirely the fault of your previous employer.
I've no idea what kind of accounting trick they may have done but, whilst it may balance their accounts, if they've reported incorrect RTI figures to HMRC then they need to correct them. If they're not playing ball then tell HMRC and get them to give the employer a prod. 

I disagree
If a person is entitled to a benefit then it's DWP duty to pay that benefit.
If for whatever reason the DWP fails to make payment,  and becomes aware of that failure it should correct that error as soon as possible.
With the DWP that doesn't happen, they seem to let it drag on.

If it was a bank that failed to pay , then a customer could claim compensation from that bank.

kaMelo

HillStreetBlues said:

kaMelo said:

You seem to have a lot of vitriol for the DWP yet your problem here is entirely the fault of your previous employer.
I've no idea what kind of accounting trick they may have done but, whilst it may balance their accounts, if they've reported incorrect RTI figures to HMRC then they need to correct them. If they're not playing ball then tell HMRC and get them to give the employer a prod. 

I disagree
If a person is entitled to a benefit then it's DWP duty to pay that benefit.
If for whatever reason the DWP fails to make payment,  and becomes aware of that failure it should correct that error as soon as possible.
With the DWP that doesn't happen, they seem to let it drag on.

If it was a bank that failed to pay , then a customer could claim compensation from that bank.

Disagree with what, that it's the employers fault?  The DWP is an easy punchbag I guess and certainly not flawless but currently, according to the data the DWP have, the OP doesn't qualify therefore no duty to make any payment. An RTI dispute has a process of checks that need to be carried out, until such time as they identify a mistake they can't correct it and they're not there yet.

Whilst trying to fix things via the DWP may eventually resolve the issue it's fixing things from the wrong end.  By fixing the actual problem, wholly caused by the employer, everything else should just fall into place.

I've no idea what your analogy with banks have to do with anything here.

JonVarnas

kaMelo said:

You seem to have a lot of vitriol for the DWP yet your problem here is entirely the fault of your previous employer.
I've no idea what kind of accounting trick they may have done but, whilst it may balance their accounts, if they've reported incorrect RTI figures to HMRC then they need to correct them. If they're not playing ball then tell HMRC and get them to give the employer a prod. 

What, am I supposed to be grateful to the DWP for sitting on their hands and doing diddly squat while I get into arrears? I do love how people say "contact HMRC and it'll be sorted" - what do you think I have been doing the past week and a half? It's quite simple to sort out, but the delay is being caused by the DWP and as they have no timescale to sort matters, nor any punishment for failing to do so, they are free to take their sweet merry time about it.

Yes, the ultimate blame for all this lies with my shoddy ex-employer, but the DWP well-deserves their criticism as being an absolute joke of a deparment.

Lindlou

So the initial problem was caused by your employer,  passed on by HMRC but you blame DWP who are left to sort the problem? Ok............ 

tomtom256

JonVarnas said:

What, am I supposed to be grateful to the DWP for sitting on their hands and doing diddly squat while I get into arrears? I do love how people say "contact HMRC and it'll be sorted" - what do you think I have been doing the past week and a half? It's quite simple to sort out, but the delay is being caused by the DWP and as they have no timescale to sort matters, nor any punishment for failing to do so, they are free to take their sweet merry time about it.

Yes, the ultimate blame for all this lies with my shoddy ex-employer, but the DWP well-deserves their criticism as being an absolute joke of a deparment.

Your employers have made a declaration to HMRC that they have paid you x amount of pounds. Legally speaking, HMRC has no reason to dispute this information.

HMRC then pass these earnings to DWP so that an award can be calculated. No award as earned too much. RTI dispute raised and legally the DWP has to wait for HMRC to conduct there checks, in case employer has delcared the wrong information (in which case HMRC may look at taking action) and/or confirms the amount as being correct.

HMRC will then notify DWP of the outcome, at which point the RTI/earnings declared by youer employer will either be used as is or updated to the correct amount if different. The DWP cannot do anything, as the matter has to be dealt with by HMRC.

JonVarnas

Well HMRC finally got back to the DWP and the employer never bothered to respond so it's finally gone to a MR, so now to wait a couple of months for them to bother to getting around to it. Sheesh, what a garbage process. Back in the the day you could go to the jobcenter, see human being and probably get it sorted out within a few minutes. Now you have to go through several processes where the actual work done by the DWP is just sending an email.

poppy12345

JonVarnas said:

the employer never bothered to respond

I don't understand why you're still blaming DWP when it's clearly the employers fault here.

NedS

poppy12345 said:

JonVarnas said:

the employer never bothered to respond

I don't understand why you're still blaming DWP when it's clearly the employers fault here.

Correct, and if the employer is found to be at fault, HMRC should fine them for failing to report timely and accurate data as is legally required of them.

The fact that this has impacted the OP is unfortunate, but is certainly not the fault of DWP. If you feel the process could be improved, feel free to contact your MP with detailed proposals.