UC deductions

poppy12345

R200 said:

poppy12345 said:

R200 said:

There is max amount that is allowed to be taken from UC and if you are already there then no more can be taken

That doesn't apply to 3rd party deductions.

https://england.shelter.org.uk/professional_resources/legal/benefits/universal_credit/deductions_from_universal_credit_for_debts

The DWP can make third party deductions in respect of a maximum of three different debts at one time.

If you can make a case that it would put your family in extreme financial distress then it will be reversed 

not hard these days with raging inflation 

This is a court fine you're talking about here which may not be able to be reduced. Other deductions maybe able to be reduced. (if you have them) Edit to add, UC wouldn't be able to reduce that payment because they are told what needs to be taken by the court. You will need to contact the court for that.

kaMelo

@R200

You still haven't said whether you have any outstanding court fine. That's okay if you don't want to disclose that information here but as poppy says, the court are the ones to approach either for information or for a reduction as they will have set the repayment schedule, not UC.

HillStreetBlues

poppy12345 said:

R200 said:

poppy12345 said:

R200 said:

There is max amount that is allowed to be taken from UC and if you are already there then no more can be taken

That doesn't apply to 3rd party deductions.

https://england.shelter.org.uk/professional_resources/legal/benefits/universal_credit/deductions_from_universal_credit_for_debts

The DWP can make third party deductions in respect of a maximum of three different debts at one time.

If you can make a case that it would put your family in extreme financial distress then it will be reversed 

not hard these days with raging inflation 

This is a court fine you're talking about here which may not be able to be reduced. Other deductions maybe able to be reduced. (if you have them) Edit to add, UC wouldn't be able to reduce that payment because they are told what needs to be taken by the court. You will need to contact the court for that.

There are different levels of deductions depending on what it is for, the range is 5% to 20% , for fines the maximum is 5% of UC, the court can not demand more to be taken from UC. The most that can now be taken from UC is 25% in total (so that would be a least two deductions).
https://www.gov.uk/government/publications/benefit-overpayment-recovery-staff-guide/benefit-overpayment-recovery-guide?mc_cid=162dd76db2&mc_eid=66604b8863#appendices

Appendix 4 - Priority of deductions from Universal Credit

Do agree with you that if deduction is 5% or less then would have to go to the court direct. So will depend of the percentage of deduction, so OP will need to check that (EDIT not including hardship, I missed that bit)

R200

I understood and please correct me where I am wrong, that if you are having deductions no matter what they are, and it puts you in extreme financial distress then you can apply to have them reduced 

poppy12345

R200 said:

I understood and please correct me where I am wrong, that if you are having deductions no matter what they are, and it puts you in extreme financial distress then you can apply to have them reduced 

I already answered that question here.

poppy12345 said:

UC wouldn't be able to reduce that payment because they are told what needs to be taken by the court. You will need to contact the court for that.

HillStreetBlues

R200 said:

I understood and please correct me where I am wrong, that if you are having deductions no matter what they are, and it puts you in extreme financial distress then you can apply to have them reduced 

Yes you can because of R (Blundell & Ors) v Secretary of State for Work and Pensions

https://www.nhas.org.uk/news/article/case-brief-successful-challenge-to-the-dwp-universal-credit-deductions-policy
What next for claimants?

The DWP are not appealing the judgment, meaning that the High Court decision is final. 

This judgment means that the SSWP must change the deductions policy and guidance to include discretion for DWP decision makers to reduce deductions for court fine payments. UC claimants can ask the DWP to lower the amount deducted where there are exceptional circumstances such as financial hardship.

Until the DWP changes its policy and guidance, welfare benefit advisors and claimants should bring the Blundell & Ors case to the DWP’s attention when requesting a lower level of benefits deductions. This will hopefully help people who are already struggling on very limited means.

There is no right to appeal decisions regarding the level of deductions in the Social Security Tribunal. The only remedy is a judicial review in the High Court. Claimants are required to follow the pre-action protocol before applying to court. If the DWP refuses to consider individual requests to lower the deduction amount, claimants should seek specialist assistance to challenge the decision.

R200

I’m confused now. Poppy seems to think they can’t be appealed due to extreme financial distress but others I spoke to on telegram say they can stop the courts taking UC if it would put you in extreme poverty 

R200

I think Poppy is wrong you can indeed make individual requests to DWP to reduce or get rid of deductions from the court because of R (Blundell & Ors) v Secretary of State for Work and Pensions

R200

“If the DWP refuses to consider individual requests to lower the deduction amount, claimants should seek specialist assistance to challenge the decision.“

who are the specialist assistance?

would shelter help me?

kaMelo

If you know the source of the deduction why not speak to them, explain your situation and ask for a reduction in the monthly amount?