above the EAT UC claim

TheShape

stu12345_2 said:

I made the claim,but had to add wife in and join her to the claim 
how do we prove earnings, I'm just started my job, and still due final pay from old job, wife has been in her jobs for over 6 months now.

If you are both paid employees your employer will report your earnings and UC will (usually) get an earnings feed.  

At the end of each assessment period your earnings in that assessment period will be used to determine your entitlement for the Assessment Period just ended and your Work Group for the next Assessment period.

It's important to check your statement each month to ensure the figures for your earnings have been correctly reported. 

stu12345_2

as long as UC realise that the wages I get at end of month are for final  days worked in old job before I made claim and days earned in new job, which will probably get emergency tax 

oh and my old employer is to pay me for holiday pay at end of July, I know, shocking , they say it's their policy to pay out as late as possible, and like I said hope UC realise the holiday pay is for the months I worked in old job , owed to me before I made my UC claim

poppy12345

stu12345_2 said:

as long as UC realise that the wages I get at end of month are for final  days worked in old job before I made claim and days earned in new job, which will probably get emergency tax 

oh and my old employer is to pay me for holiday pay at end of July, I know, shocking , they say it's their policy to pay out as late as possible, and like I said hope UC realise the holiday pay is for the months I worked in old job , owed to me before I made my UC claim

It doesn't matter when there earnings are from, even if they were from before you claimed UC. Now you've claimed it any earnings you receive will reduce your UC by 55%. This includes earnings from your previous employer and anything owed from annual leave from your previous employer. 

Spoonie_Turtle

Just to reassure you, OP, if your UC payment is nil in any month due to earnings, it won't close unless you've had six consecutive months of nil entitlement.  Just make sure to log into your account in the following AP to check.

stu12345_2

so by  whom and by what method are earnings reported?
like I said money is due to be paid this month and next month from present and past employers , surely money earned from previous employment doesn't count if it was earned before claim was made.
as that is money earned by doing hours at work from old job before the claim.
it's like the phrase by the dole " have you done any work paid or unpaid since you last signed on"

we could say yes, in our current part time jobs, which UC will be told.
but we do not  say yes to our jobs we did before we made claim, cos that's in the past and regardless if the money is  due from them, even if the final pay is still due.
cis that's past earned work 

anyone with half a brain can see that's money earned before claim, just waiting for it to be paid out.

as all that grafting was done before claim was made and hence  so was the money earned, thus when it arrives should not be included in the claim.

eg , if a person got paid weekly and got all their back pay from old job paid out within 7 days after leaving that job then doing a UC claim is in a better position than someone done the same graft but paid monthly and has to wait till end of month to get that. money from old job , but has a UC claim running will be in a worse position regarding UC amount due 

that would really annoy me, cos at end of day the hours worked and thus circumstances created are all in the past for both people, be it the weekly paid person or monthly paid person, and UC has to know and understand that.

Spoonie_Turtle

DWP get earnings info from RTI, real-time information from HMRC, telling DWP what the employers have reported through payroll.

UC is not like JSA, which was based on when you earned the money.  UC is based on when you actually receive money - it's means-tested, based on whether you have what the government deems to be the means to live each month. 
Those are the rules.  If you don't like them, all you can do is take it up with your MP.

stu12345_2

so that's means someone that gets paid weekly rather than monthly is in a better position to make a UC claim when they change to a lower paying job. cos they got their final pay faster, eg  before they started their UC claim.
is that right, am I reading this wrong, as both persons be it the weekly paid person or monthly paid person did the same hours and this the same pay from old employer.
but the monthly paid guy is in a worse position when they make a UC claim? cos their still waiting for that money, whereas the weekly paid guy has got his final pay already?

where as the weekly paid guy could have then spent his final pay on rubbish or a good time , then made a UC claim, and get UC faster than the monthly paid guy that's still waiting for his final wages to in the bank.

cos if we are going to get no UC cos if these two final amounts from old employer, the that means no UC for 3 months, and if it shows nil award, how do I get it to start to pay when it's due to pay in month 3, Do I just let it work out earnings in this live feed system till it understands that we are now due something or what do we do 

I went into my journal on my claim today to explain I'm due holiday pay and final wage from old job,  one at end of June, and one at end of July is that right , and to tell them this is for hours worked before I made my UC claim, I did it under payment tick box section in journal section., so when does someone read it and act on it 

as I tried it in report a change in to do list and it came up when did this change happen in your job
so I couldn't do it that way , as it's not a change in my current job. and i anyway it's not happened yet as I haven't got the back pay yet

stu12345_2

I also considered if I should have claimed new style JSA cos I have paid enough NI , but as  I choose from full-time to part time , I would probably get sanctioned. I looked at the claim and it said list last 6 months employers and I thought well that will cause problem.

so I made a UC claim instead,( I was told we must legally claim benefits by a debt advisor, (who was wrong with her advice and has caused major hassle) I will explain in a further post and there is a bit at the end of this post to explain more info.

anyway before the advisor spoke to me I did do a turn2us online calculation  and it said we can claim small amount  of UC, it did not say that a JSA was applicable for us,.and  which had to add in wife cos I live with her and she works too, even though the money will be lower in UC than the full JSA amount ,
and the UC claim never asked details about previous jobs and anyway as myself and wife are in the no job search category in UC , I thought far less hassle than the criteria in the JSA claim and UC worked out my job and wife's jobs add up to above the 29 hours at min wage requirement and above this AET , so it came back  no job searching required for us. whilst we await small award amount 

I will make another reply later today when I have the mental  energy to explain who told us( wrongly )  and why that we must  legally be forced to make a  claim for benefits,and it showed up according  to her, its a UC claim for us,  it gets rather detailed, argumentative, wrong info and much more, basically it's a logistical nightmare. and it will take a bit of explaining 

a detailed summary can be found in the bankruptcy and IVA forum and my post DRO  application what a shambles 

poppy12345

You do not need to report earnings you will be receiving from your previous employer. As had been advised by spoonie, your employer will report that to HMRC and UC will check with them. You don't have to do anything other than to check your statement each month to make sure the earnings they have down are correct. 

When you receive your statement each month on there it will tell you what elements you're entitled to, how much earnings you and your partner have received and what deductions will be made. It will then tell you how much (if any) money will be paid into your bank. 

You can't report changes until that change has happened anyway. 

UC entitlement is based on earnings received each assessment period and that's the law. 

Those earnings from your old employer may reduce your UC to zero for that month. Again, you don't have to do anything because your claim will remain open for 6 months with zero entitlement. 

For New Style JSA, as you're working there is only a £5/week disregard for earnings. For anything over that amount the JSA is reduced £1 for £1. This means if your earnings are more than £95.50/week there would be no entitlement to JSA.

stu12345_2

so I would not have got JSA anyway, cos I work above the JSA limits, so I just check the UC statement matches and if it does, leave it like that.
 if we get nil one month, we leave it like that and let it run until.eg the next month our wages go down and it gives award again automatically.

my point in contacting was to explain that the money due is from a time I worked in old job and isn't current hours worked and earned.thus it obviously that it should not be included in present or future time calculations.


I'm raging at my old employer holding onto my final wage and holiday pay for the time they are doing it, but even more annoyed if ive now discovered their delay is going to cause a nil UC  payment for 3 months cos of their  slow release of my money due from them.

I also think I'm going to go on emergency tax , till P45 is received ,then get correct proper earnings in future months, I don't want the DWP to miss understand .and give too much one month and too little the next month cos if this emergency tax code is fixed and I got all my emergency tax reimbursed

I also fail to understand how you can get sanctions on dropping hours when you make a  fresh JSA claim BUT no sanctions when you make a fresh UC claim as it was never asked in UC  form, even tho in a JSA and a UC claim there is a  claimer commitment, it says look for work( if applicable)., where as eg  the fresh JSA claim guy gets sanctioned and the fresh  UC claim guy doesn't, cos UC form isn't asking anything about previous jobs and why you left, or dropped hours, employer names and  addresses and  hours worked , reason for leaving when applying., but the JSA form is asking for all that