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DWP debit recovery automatically taking back pay

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5 years 5 months ago #240496 by Sarah
Hello,

This is my very first time posting so I hope this is correct, and the right way to ask for advice. I will shortly be going to my tribunal for Universal Credit. With help from your guides I'm pleased to say that I was awarded 18 points, (initially I had 0 ) at mandatory reconsideration stage which meant I was put into the LCW group, I am appealing to be put into the LCWRA group. My question is related to any back pay that will be due if i win my appeal. Is there a way to stop DWP from taking any of it to clear debits that they are managing via their debit recovery team. In the 16 months of being in receipt of UC I have had to borrow from my friends and family this money needs to be paid back, this is what I would do with any back pay awarded. Surely I should be able to decide how this money is spent. I have had some really rough months where I have not been able to have electricity or food because of the system. currently they are taking money from my UC for Rent arrears, council tax arrears, advance payment, and an over payment of tax credits which I have no information of. Could someone please advise. Thank you
Kind Regards
Sarah

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5 years 5 months ago #240559 by Gordon
Sarah

I'm afraid Debt Recovery will have first dibs on any back payments that you have, see paragraph 5.49 onwards of the folllowing

assets.publishing.service.gov.uk/governm...t-recovery-guide.pdf

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 5 months ago #240609 by Sarah
Thank you Gordon, I have several things taken out of my UC at the moment. council tax arrears, rent arrears, budgeting loan and a tax credits over payment. Do debit recovery pay all of these off or is it just a few that they deal with?
I have my appeal date and have downloaded the members guides so am preparing over the next few weeks however DWP did not respond so I don't have a bundle, I've spent months trying to get them to send me a copy of my UC 50 claim form as I don't have a copy I hadn't heard of you when I first applied.I did however join for the MR stage where I used your guides and was awarded 18 points from 0 so thank you.. i'm not sure how i'm going to prepare without my claim or a bundle from DWP.

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5 years 5 months ago #240627 by Gordon
Sarah

They will pay of any debts that you have with the DWP, the Council Tax would be a separate issue although that does not mean that it won't also be paid

Your appeal submission needs to explain how you meet the criteria for an LCWRA award, you need to explain which Descriptors you think that you meet and why. You also need to cover off any issues raised in the assessment report, try an undermine the assessor's opinions rather than tackling them head-on although the panel will have a more balanced approach than the DWP DM to their recommendations.

Gordon

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