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    • chickenpie81
    • By chickenpie81 10th Feb 19, 2:07 PM
    • 41Posts
    • 7Thanks
    chickenpie81
    Universal Credit claim closed
    • #1
    • 10th Feb 19, 2:07 PM
    Universal Credit claim closed 10th Feb 19 at 2:07 PM
    Hi,

    I am writing to try and get some advice for my Mam. She has been claiming UC whilst being on the sick from work. She has recently lost her job due to her disabilities as she is going to be unable to return to work.

    She received a payment in lieu from her employer which it seems has closed her UC claim.

    She was pursuing an appeal on this claim as she was declined the disability element of UC.

    So, will this appeal still be valid now that the claim has been closed? Can this claim be reopened? Will she have to start a new claim?

    She is going to ring DWP tomorrow but it would be great if anyone has any insights, and am also hoping further info (google doesn't return any information relevant to her situation) may ease her worry at present.

    Thanks in advance.
Page 1
    • huckster
    • By huckster 10th Feb 19, 3:21 PM
    • 3,455 Posts
    • 1,529 Thanks
    huckster
    • #2
    • 10th Feb 19, 3:21 PM
    • #2
    • 10th Feb 19, 3:21 PM
    If a Decision Maker or Tribunal decide that your Mum should be awarded limited capability for work or limited capability for work and work related activity, then yes the claim would have to be re-opened from the relevant date, so any backdated payment due could be calculated.

    There are a lot of problems with employers reporting wrong amounts on the HMRC system and this information is then used by Universal Credit.

    For example if your Mum received a redundancy payment, which was tax free, this should not have been reported within the normal return to HMRC. Redundancy payments would be counted as capital in the assessment period the payment is received and not considered as earnings.

    I would suggest that your Mum logs into her UC claim and starts a reclaim as soon as possible. She should then send a journal note explaining that she has asked for mandatory reconsideration of the work capability assessment and will be taking it to a tribunal if necessary.


    If what the employers have reported to HMRC includes redundancy payments, your Mum should phone Universal Credit (after re-opening the claim) and ask them to register a RTI dispute, so this can be investigated. It would be necessary for your Mum to take documents to the Job Centre proving it was a redundancy payment, as well as pay owed to her.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
    • calcotti
    • By calcotti 10th Feb 19, 4:54 PM
    • 1,560 Posts
    • 1,076 Thanks
    calcotti
    • #3
    • 10th Feb 19, 4:54 PM
    • #3
    • 10th Feb 19, 4:54 PM
    She should be able to still log in to her online journal and make a rapid reclaim. This will reactivate the UC claim with the same monthly assssment periods as before.
    • calcotti
    • By calcotti 10th Feb 19, 5:05 PM
    • 1,560 Posts
    • 1,076 Thanks
    calcotti
    • #4
    • 10th Feb 19, 5:05 PM
    • #4
    • 10th Feb 19, 5:05 PM
    For example if your Mum received a redundancy payment, which was tax free, this should not have been reported within the normal return to HMRC. Redundancy payments would be counted as capital in the assessment period the payment is received and not considered as earnings.
    Originally posted by huckster
    If it is a case of leaving a job due to ill health I think this is unlikely to be redundancy. I don’t think severance pay carries any exemption so will be treated as earnings.

    OP, severance pay could well result in a nil entitlement for the month in which it is received but mum should make a reclaim, via her journal, so that she can get a UC payment next month (assuming that her severance pay is not such as to have taken her over 16,000 of savings).
    • chickenpie81
    • By chickenpie81 10th Feb 19, 10:59 PM
    • 41 Posts
    • 7 Thanks
    chickenpie81
    • #5
    • 10th Feb 19, 10:59 PM
    • #5
    • 10th Feb 19, 10:59 PM
    Thanks everyone. Some good info there.
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