Managed migration payments very different

Yamor

Thanks @Auti for sending it to me. I am posting this here in case others have a similar issue.

The error is NOT that they have missed out the income from ESA or your pension income.

The error they have made is that they did not include the LCWRA element in the "Indicative UC Amount" calculation, as they should have done. This had the effect of reducing the Indicative UC Amount, causing the transitional element to be higher than it should really be.

See point 1 in this post on Rightsnet which seems to confirm that they should have included the LCWRA element in the Indicative UC Amount:
https://www.rightsnet.org.uk/forums/viewthread/19528/P45/#92382

Going forwards, you should be aware that UC have the power to recover any overpayment, even if it was their fault, so be careful before spending the extra money...

Auti

Yamor - so does that mean it is not sorted and that they can take away all the transitional protection payment? I am getting more and more puzzled and confused as I go on. Do you have any idea roughly how much they would take away e.g. half, all etc.

Auti

Yamor - it is double Dutch! When they do whatever they do I am going to show all the correspondence from me saying they have paid me too much for transitional payment and that I was told to trust them that it was right! No problems if they amend it to what it should be as that is right and proper but reclaiming money paid when in effect I had refused it by telling them not to pay it to me as I believed it was higher than I was entitled to I will contest.

KxMx

Unfortunately under UC legislation all overpayments are recoverable, even when it occurred due to DWP error. 

Auti

So if I save the money to pay them back then it will count as capital and, depending on how long they take to get money back, I could end up losing UC because I have too much savings but it would not be savings it would be money they will ask for back at some unspecified time!

I am now in a worse place than before I asked about transitional payment and I am tired and defeated and sad.

KxMx

Once everything is sorted properly- which I really hope is soon- you will be notified about how much the overpayment was.
You can then choose between paying it back as a deduction from your monthly payments, or sending the whole amount to a DWP recovery bank account. 

Yamor

Auti said:

Yamor - so does that mean it is not sorted and that they can take away all the transitional protection payment? I am getting more and more puzzled and confused as I go on. Do you have any idea roughly how much they would take away e.g. half, all etc.

Your Transitional Element should be around £137.75, so you are being overpaid by £390.06 every month.

Auti said:

So if I save the money to pay them back then it will count as capital and, depending on how long they take to get money back, I could end up losing UC because I have too much savings but it would not be savings it would be money they will ask for back at some unspecified time!

I am now in a worse place than before I asked about transitional payment and I am tired and defeated and sad.

There was a case recently where it was decided that because the claimant had raised the issue multiple times with DWP and was always assured that they were entitled. This, combined with other factors, meant that it was therefore unreasonable for DWP to recover the overpayment. Have a read if you want:

https://www.bailii.org/ew/cases/EWHC/Admin/2023/233.html

Auti

I have requested that they look at the calculation again as I am worried still that it is too much. I don’t know what else to do - I hope they reply quickly as it is money I need but will only spend what is rightfully mine and I don’t know what is now. Sorry just a bit overwhelmed with it and brain swamped.