Universal credit overpayment no earnings!

Loopylottie22

hello, I’m new here so bear with me! 🥹Y partner and I have a joint uc claim, he works full time and I’m on LCWRA everything has ran very smoothly until now. 

UC have been chasing my partner to go to the job centre for work meetings, apparently they’ve had him down as unemployed since apr 22, yet still taking his earnings reported by HMRC each month and our payment adjusted accordingly. My employment ended in April 22 due to illness so I wonder if there are crossed wires here?
This month we were overpayed by quite a lot. I let them know straight away and they said it’s because my partner is unemployed and no earnings were declared! He has spoken to his payroll office and HMRC who have confirmed the earnings were declared on time. When speaking on the phone with UC they were adamant that he is unemployed despite his earnings being declared each month! 

Putting aside the “unemployed status” I envision next month they will take two earnings into consideration making our payment a hell of a lot less, regardless of putting the overpayment aside, because of how it’s calculated we’ll still be at a loss? 

My brain hurts trying to work out what to do as we’re just getting nowhere with UC, am hoping someone here can advise us what to do? 

kaMelo

If your husband is paid calendar monthly then in situations like this, where UC have not picked up the RTI correctly, you can request (insist) his earnings are assigned to the appropriate assessment period to maintain a regular payment schedule

JJust for info, how close is his pay date in relation to your AP dates?

Loopylottie22

Thank you! His pay date always falls on the 15th and our assessment periods are 19th-18th (if that makes sense?) our uc pay goes in on the 24th! 

We’ve never had any issues before, what makes it worse is how they talk to you on the phone insisting we’ve done something wrong as they have him as unemployed 🙄
If I were to insist his earnings are applied to the appropriate assessment period would the extra they paid us this month then come as an “overpayment”? 

Thank you so much for your help 

tacpot12

I think I would be inclined to try to get them to accept that he is employed one more time. He can send them payslips to show this. He should also ask them why they think he isn't employed. 

If this fails, I would ask for a Manadatory Reconsideration of their 'decision' that he is unemployed. The DWP can decine that he isn't gainfully employed, but that's different to him being unemployed. If his earnings are enough to reduce your UC, then he is clearly earning. Are you sure that the corssed wires aren't between you and him, with the DWP telling him he is not earning enough and needs to be looking for more work? 

I think the suspicion of crossed wires at the DWP end could well turn out to be correct, and should be referenced in the request for an MR.