Universal Credit Clawback

moomoo10

Hi, im hoping someone can advise me. 

Two weeks ago my husband got a debt letter from DWP Collections saying he owes £2333 and they'll take deductions from his ESA. We had mo prior notifications regarding this. On the Mon, I called ESA, she said try the Debt people, they said we don't know why it's being reclaimed. Eventually after a series of calls a woman at ESA said they'd sent a letter after my calls on Monday saying they were reclaiming UC payments from inception of Jan 2022 to Aug 2023 as  they found out in Aug 2023 we had more savings than we declared. 

As we were financially struggling each month, I decided to take my main pension early. This was in Aug 23 backdated to June 23. We cleared the mortgage, a credit card & overdraft. Prior to this we'd called ESA,PIP and I contacted UC on the journal to stop payments to us. There was 1 overpayment of UC which I paid straight back.

The benefit was means tested before we got it and our circumstances didn't change until Aug 23. Are they entitled to reclaim the benefit for the full time we received because our circumstances changed 18 months later?  I find it so hard to believe this is correct.

I'd appreciate any help or guidance. 

Regards, Lilian 

Alice_Holt

 I decided to take my main pension early

How did you take it?

Was it just a lump sum, or did you take a regular pension income as well as a lump sum?

If income - how much a month?
And what date did you start to receive your pension income?

If just a lump sum I'd appeal the overpayment decision, as repayment of debt is allowable.
How long was the money in your bank before debt was repaid?
What was the maximum amount in your bank account?

Brie

If the pension was backdated then it's possible that they would take the start date of the back dated pension.  So if in Aug 23 you took your pension and backdated it to June 23 then you would have been overpaid since June 23 not Jan 22.  You need to ask them why they backdated it so far.

HillStreetBlues

I agree it doesn't sound correct  on what you have stated.
If you supply info asked for above then can give you a much fuller answer.

moomoo10

Thank you for the replies. Yes they want all the UC money paid back even though our circumstances didn't change until Aug 2023.

I took a lump sum of £50k and receive a monthly pension of £540. As I said we didn't need the UC so I contacted them as soon as the figures were finalised. 

I'm appealing. I wondered what anyone's thoughts were or if you can think of any wording I can add to my letter.

Regards, Lilian 

Alice_Holt

I think you need to clearly explain the exact chronology. 
Dates you were receiving UC.
Date you received the £50k lump sum, Date the monthly pension was received from, and the periods it related to.
Dates on which you settled your various debts / mortgage.
Back this up with documentation - copies of pension letters / payslips, etc bank statements.
Details of when you contacted UC. 

Present this in a way the DWP decision maker can easily understand.
A spreadsheet may be better, with explanatory words and reference to numbered documentation.

The DWP may not currently have clarity on what has happened, so this could be why they think all your UC payments represent overpayments.

The £540 monthly pension would reduce your UC £ for £, and presumably your UC was less than £540pm ?

moomoo10

Thank you that really helps, sometimes you can't see the wood for the trees. I've printed off all the bank statements for the period in questions but I'll add the dates/amounts to my letter for clarity.

moomoo10

ps the UC was £151pm. 

born_again

How much savings did you have when you started claiming UC. Not just money in bank account?

moomoo10

zero. we were living hand to mouth.