UNIVERSAL CREDIT DISPUTE

SAFIDANGY

Hi, I'm new on this forum so hope I am getting it right! I have an issue with a universal credit claim I'm hoping someone might have so thoughts/advice?
I attended a meeting with the universal credit 'coach' this morning. I happened to mention that I am a full time student. The man's face fell and he informed me that I am not eligible for universal credit as a full time student. I was not aware of this.
I have been a full time student since Sept 2021 and in a previous interview had informed the coach I was attending a full time college course. We could see this showing in my notes from about 2 yrs ago.
I have also been in receipt of student finance (£9000) a year. I haven't shared this specifically as I had no idea I needed to, having already informed them of my student status.
I have put in a freedom of information to access my notes (showing that I had already made it clear I was in full time college) as my defence.
I have been told that I will be investigated and the outcome will probably be to repay 3 years worth of universal credit.
As you might imagine I am beside myself.
Any advice is much appreciated. Thank you in advance.

elsien

What did you say on the initial application when you made the universal credit claim? Is there not a question on there about being a student or informing of any change in circumstances following a claim being made?

poppy12345

Even if you did inform them, all overpayments for UC are recoverable, even if it's an official error. You should have also informed them about your student income because this will affect your UC each month, minus a small disregard of about £110 I think. 

Are you claiming a disability benefit such as PIP/ADP or DLA? or responsible for a child?

peteuk

Depending on your circumstances - it determines your right as a student to claim UC.  Basically if you are single and able to work you’re not entitled to UC.  You’re expected to go find a job, which in most Uni towns is easy enough. 

If you have dependants, are disabled or unable to work for numerous reasons then a UC claim can be made.

Good luck

Loz01

I'm shocked there's no question on the UC application asking if you're a student. And why on earth didn't any staff pick it up til now?

TheShape

There are circumstances where a full-time student is eligible for Universal Credit.

Unfortunately, in my experience even when UC claimants do declare they are students the information is not always acted upon correctly.

There is  a tool with a set of questions that the work coach should work though to determine if you are eligible for UC.  

tomtom256

Loz01 said:

I'm shocked there's no question on the UC application asking if you're a student. And why on earth didn't any staff pick it up til now?

There is a question that asks just that. Including whether it's full or part time and if it's above or below A level or equivalant qualifications.

Newcad

SAFIDANGY said:

I have also been in receipt of student finance (£9000) a year. I haven't shared this specifically as I had no idea I needed to, having already informed them of my student status.

Assuming that they got it right when you claimed and that you were eligible to claim UC as a student:
(That work coach may well have got their facts wrong, they do from time to time).

That student finance could be an issue and it should have been declared just like any other money that you may recieve.
Student grants, student loans, bursaries, etc. they all have different rules in UC.
(Which incidentally shows that students can indeed claim UC, otherwise there would be no need for those rules).

Depending on just what it is and what it is for then some student finance is not counted, generally -
Finance for study related expenses (textbooks, materials, etc.) is usually disregarded,

Finance for helping with your living costs while studying is usually counted as income for UC purposes.

You will have to wait for them to investigate, if you don't agree with what they decide then you may be able to challenge it.

In the meantime you should contact your student welfare department at the college/uni and ask for their help and advice, they will have the experience of students with UC to deal with such issues.

Are they still going to be paying you UC whilst investigating?

SAFIDANGY

Thank you for all your comments. I didn't declare my student status on the initial claim form as I was claiming universal credit prior to becoming a student. I spoke to my universal credit 'coach' and informed him over the phone of my status. He made a note of it on the system as this is shown in my personal notes. I'll get in touch with my student union and see if they can help.

NedS

SAFIDANGY said:

Thank you for all your comments. I didn't declare my student status on the initial claim form as I was claiming universal credit prior to becoming a student. I spoke to my universal credit 'coach' and informed him over the phone of my status. He made a note of it on the system as this is shown in my personal notes. I'll get in touch with my student union and see if they can help.

Unfortunately there is little anyone can do to help. If you have been overpaid UC that you were not entitled to (either because you were not entitled to UC as a full time student, or because you were entitled to less UC because your student income should have been deducted), the law allows DWP to fully recover the overpayment. It doesn't matter if you notified them at the time, or who's mistake or fault it was, unfortunately that is simply not relevant.

elsien

Is there not any appeal mechanism at all?

Presumably there is still the option to negotiate an affordable repayment plan?