Universal credit first payment.

bruce1966

Hi there, just joined and after some advice.

I was made redundant on 8th Nov 2023, and started a claim for Universal credit on 23rd Nov 2023. Everything seemed OK until they notified me on 26th December 2023 that i would receive a NIL payment for December as my employer had paid my redundancy payment on 30th November 2023. I have written to them to say that my employment ended 8th November 2023 but they are adamant that as I received this money on the 30th November 2023 they count as earnings in my assessment period. The NIL payment also stopped me from receiving the Cost of Living award of £300. 

I have taken this to a mandatory appeal and I'm still waiting for the outcome,  but how can they classify money earnt 15 days before my claim as income,  based on paydates? 

On my appeal I've used the Equality Act 2010 as grounds for the unfair decision as it seems like their rules discriminate against monthly paid employees. 

Sorry if this topic has already been covered before.

Bruce

huckster

UC legislation says that any amounts received related to employment during the assessment period are used to calculate awards. It does not matter that the amount you received relates to employment that ended before you claimed UC.

The Universal Credit Regulations 2013 (legislation.gov.uk)

 Equalities act is not relevant, as monthly paid employment has nothing to do with the protected characteristics noted in the act.  e.g. Age, health/disability, gender.

Discrimination: your rights: Types of discrimination ('protected characteristics') - GOV.UK (www.gov.uk)

bruce1966

Thanks for the reply.

But if I was paid weekly or fortnightly, the money would of been paid earlier and not affected my claim. 

Their rules means that someone paid monthly has to wait upto 30 days to receive UC in full but a weekly paid employee only 7 days. How is this fair and equal?

born_again

bruce1966 said:

Thanks for the reply.

But if I was paid weekly or fortnightly, the money would of been paid earlier and not affected my claim. 

Their rules means that someone paid monthly has to wait upto 30 days to receive UC in full but a weekly paid employee only 7 days. How is this fair and equal?

Your assessment period runs from say 1 to 31 (will say in your UC online payment page). So being paid, monthly, weekly or fortnightly would all land in the same period.

bruce1966

born_again said:

bruce1966 said:

Thanks for the reply.

But if I was paid weekly or fortnightly, the money would of been paid earlier and not affected my claim. 

Their rules means that someone paid monthly has to wait upto 30 days to receive UC in full but a weekly paid employee only 7 days. How is this fair and equal?

Your assessment period runs from say 1 to 31 (will say in your UC online payment page). So being paid, monthly, weekly or fortnightly would all land in the same period.

No, I was made redundant on 8th November and foolishly claimed UC on 23rd November and given a NIL award as my redundancy was paid on 30th November.  Therefore to receive a non NIL payment I would have to wait for the first day after payday to make a claim (1st December). If I was paid weekly that period before I made a claim would be shortened to 7 days instead of the 22 days I should of waited.

So when you make a claim for UC you have to wait until you get paid to avoid getting a NIL payment.  This can be 30 days if you're monthly paid but only 7 days if you're weekly paid. I don't understand how that's legal?

tomtom256

bruce1966 said:

No, I was made redundant on 8th November and foolishly claimed UC on 23rd November and given a NIL award as my redundancy was paid on 30th November.  Therefore to receive a non NIL payment I would have to wait for the first day after payday to make a claim (1st December). If I was paid weekly that period before I made a claim would be shortened to 7 days instead of the 22 days I should of waited.

So when you make a claim for UC you have to wait until you get paid to avoid getting a NIL payment.  This can be 30 days if you're monthly paid but only 7 days if you're weekly paid. I don't understand how that's legal?

Because thats what the Regulations state. They are there for people to read and are available.

bruce1966

tomtom256 said:

bruce1966 said:

No, I was made redundant on 8th November and foolishly claimed UC on 23rd November and given a NIL award as my redundancy was paid on 30th November.  Therefore to receive a non NIL payment I would have to wait for the first day after payday to make a claim (1st December). If I was paid weekly that period before I made a claim would be shortened to 7 days instead of the 22 days I should of waited.

So when you make a claim for UC you have to wait until you get paid to avoid getting a NIL payment.  This can be 30 days if you're monthly paid but only 7 days if you're weekly paid. I don't understand how that's legal?

Because thats what the Regulations state. They are there for people to read and are available.

I fully understand that now but find it strange that those who are monthly paid have to wait longer to receive benefits.  Being new to the benefits system and being unemployed for 15 days, I was worried about paying my rent. Now after a two month delay in receiving my first payment I'm behind with rent and facing eviction.  

huckster

This site is not for debates. If you think any legislation is unfair, then contact your local MP.

Spoonie_Turtle

bruce1966 said:

tomtom256 said:

bruce1966 said:

No, I was made redundant on 8th November and foolishly claimed UC on 23rd November and given a NIL award as my redundancy was paid on 30th November.  Therefore to receive a non NIL payment I would have to wait for the first day after payday to make a claim (1st December). If I was paid weekly that period before I made a claim would be shortened to 7 days instead of the 22 days I should of waited.

So when you make a claim for UC you have to wait until you get paid to avoid getting a NIL payment.  This can be 30 days if you're monthly paid but only 7 days if you're weekly paid. I don't understand how that's legal?

Because thats what the Regulations state. They are there for people to read and are available.

I fully understand that now but find it strange that those who are monthly paid have to wait longer to receive benefits.  Being new to the benefits system and being unemployed for 15 days, I was worried about paying my rent. Now after a two month delay in receiving my first payment I'm behind with rent and facing eviction.  

People paid monthly usually get paid more in that one payday than people paid weekly in their paydays, so usually they'd have money to tide them over for longer.  If they don't, that's what the means testing of UC is for, to determine whether people have what the government deems to be the minimum amount to live on during that period. 
You're maybe thinking of JSA where money is taken into account when it's earned rather than when it's paid.

In terms of the rent, if your redundancy pay was enough to nil your UC then in theory it should have been enough to pay your rent. 
You could also have had a payment sooner by claiming UC as soon as your work finished, so your second assessment period with its payment would have come around quicker.  Or as you say, waiting until after your payday.  Unfortunately by delaying your claim but not long enough you've ended up with the worst of both worlds. 
^ Hindsight doesn't help you now of course but maybe it helps you understand how this bit of the system is supposed to work and not completely fail people.

poppy12345

bruce1966 said:

The NIL payment also stopped me from receiving the Cost of Living award of £300. 

 You wouldn't have been entitled to it anyway even if you received a payment of UC for your first assessment period. You started your claim on 23rd November, which means your assessment periods are 23rd to 22nd of every month.

The final cost of living payment of £299 to be entitled to it you must have been entitled to a payment of UC for an assessment period that ended anytime between 13th Nov and 12th Dec. Your assessment period ended on 22nd Dec, which was after the qualifying period. 

You are also wasting your time and there's by challenging the nil award because earnings prevented you from being entitled for that first month.