Universal Credit.

KORITFW83

Hi, I’m wondering if anyone has experienced this with Universal Credit. I had to leave my job as I have epilepsy and it just got too hard so I had to claim UC. I live with my husband and our 2 children (1 in nursery). We have to pay for the nursery too and that’s £200 pm. There is only his wage coming in obviously but he’s paid weekly through his employer. Our assessment period this month ends on the same day as his wage goes in and they are saying we aren’t entitled to this months money because it falls on the same day and they are counting it as 5 weeks wage that’s will take us over the threshold. I’ll not even be able to claim back the child care. I had to leave my job of 15 years that I absolutely loved after trying to juggle work and my condition for 3 years because it just got too much and they cause just as much stress as I had when I worked. They are just awful to deal with so I’ve came here to see if anyone else has faced this problem rather than asking them for information. If you could help I would really appreciate it 

Rubyroobs

When someone is paid  weekly there will always be a few months of the year where five pay days will fall in your assessment period. There is nothing you can do about it. Everyone paid weekly will experience this. It is just the nature of how UC works. If his employer is paying earlier than normal pay day for example at Christmas then that is different, but if just his normal payday there is nothing that can be done .
If you have been working and paying NI contributions over the past 2-3 years and are unfit to work you could look at whether claiming new style ESA may work out better for you ? This is based on NI contributions and can be paid irrespective of your partners earnings. New style ESA is deducted in full from UC but it would at least mean that on the month's where you don't get any UC you would continue to get the ESA. It may be worth asking CAB or similar to do a benefit check to see if this would work out better over the year. I don't see you have anything to lose by claiming it. 

HillStreetBlues

Agree with the above UC was designed on a monthly AP. In 4 AP a year you will have a higher income so UC will be reduced possibly to zero, in the other 8 AP there is actually an increase to UC as wages based on 28 days but UC on a month.

Spoonie_Turtle

Rubyroobs said:

If you have been working and paying NI contributions over the past 2-3 years and are unfit to work you could look at whether claiming new style ESA may work out better for you ? This is based on NI contributions and can be paid irrespective of your partners earnings. New style ESA is deducted in full from UC … I don't see you have anything to lose by claiming it. 

The only thing might be losing entitlement to UC altogether, if their ordinary UC payment is lower than the ESA deduction. 

But it definitely would be good for OP to investigate because if it will work claiming alongside UC, it could be useful if they have any future windfalls leaving them without any UC eligibility.

TimeLord1

I would look into a UC advance loan to help with costs. https://www.gov.uk/guidance/universal-credit-advances#how-to-apply-for-a-universal-credit-advance

KORITFW83

Thanks guy’s. I originally went through citizen advice because to be honest with you I’m absolutely clueless on claiming anything hence why I'm here. I’m 42 and worked my whole adult life so as I said I don’t know anything about it all. I can’t even follow them when I’m talking to them on the telephone. I think they automatically think I understand the information and terms they use but I suppose that irritates them too ha. Anyway enough complaining and back to the original point. When CA made the claim for me they said unfortunately I had missed 2 NI contributions from 2020-2021 the only possible reason I could think of was at the time was I was furloughed with being pregnant. They also would not let me top it up either so I wasn’t entitled to ESA at the time. The problem is my husband works a lot of overtime so some months we don’t have any UC but this assessment period he hasn’t done any so we would have definitely received something including the child care costs. The part I was collecting information on is I know because of weekly wages it can catch the wrong dates but it’s just the fact my assessment period is 12th-11th of each month so Friday is the last day of the assessment but his wage goes in at the same time and they are counting that as five weeks. It’s literally the same day so why wouldn’t they allow that? I could understand if it was a day over even but the same day is surely unfair? I mean it could possibly come down to a few hours even. I personally think it’s wrong. They have told me that the wage would still be counted but I’m wondering if I could somehow appeal it or even request a reconsideration? I’m asking for help on here to see if anyone has had the same experience and have managed to have the decision overturned?

HillStreetBlues

KORITFW83 said:

 I personally think it’s wrong. They have told me that the wage would still be counted but I’m wondering if I could somehow appeal it or even request a reconsideration? I’m asking for help on here to see if anyone has had the same experience and have managed to have the decision overturned?

Getting paid weekly, fortnightly, every 28 days isn't great for UC, but they chose not to make allowances for it. You won't be able to get the decision overturned as it's considered correct in law, income is counted in the AP it is paid in.
You need to work out the next time 5 payments will happen in an AP and also for future ones after  that, and try to make allowances if you can.

Spoonie_Turtle

Being paid on the last day of the Assessment Period means they take it into consideration.  The AP ends when that day ends.

Either way those wages will have to have been taken into account; if there were some hypothetical option to appeal then the only possible (hypothetical) outcome would be them being taken into consideration in the next AP, which would create exactly the same problem of 5 wages in that assessment period instead.

itsthelittlethings

If you were paid on the last day of the assessment period you will get paid around 5 days before the end of the assessment period next time so should have two lots of money come in in quick succession.

8dayweek

Just to clarify - have you had a Work Capability Assessment under UC yet? Childcare Costs for a Couple are only paid if you both Work OR one of you has an exemption from the Work Condition. 

KORITFW83

Yeah I had the assessment when I first applied for UC. I was working when our Son was in nursery so got the 30 hours free but now our daughter is attending and with me not working we only get 15 hours free so we pay for the afternoon sessions Monday to Friday, £10 per day. They allow you to claim back or reimburse you 85% of the cost. She’s going into reception after the summer holidays though so we won’t have to pay then.