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UC Review phone call Back payment issue and complaint.

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2 months 3 weeks ago #298723 by Bohobelle
Hi, I’m new here and have read previous posts around my topic question which have been so helpful already. Thank you to the moderators and community for the help. I recently (last weekend) had a UC review call as I had already sent in the 4 months worth of bank statements requested. The agent proceeded to ask me about various transactions on my account and asked if I had a list of financial products to which i replied no to as I do not have them. I felt the whole process was intrusive and a bit intimidating, I was then told I had more than £6000 in savings and up to £16000 in total and that it could affect my claim. I then explained that the bulk of the money was due to a back payment that I had received (from when I was on ESA in 2020 of around £14000 and due to a Dwp payment error) I found this out after the phone call as I had to do some digging into my accounts. I was told at the time it wouldn’t affect my claim and it was mine to do as wished with. I migrated to UC in 2021 and I got another back payment of around £1,600 from UC in 2023. I am in the LCWRA group and sole carer to my son who is non verbal and autistic so his higher rate DLA is also paid into my account. (The agent apparently didn’t know what “DLA” was on the phone, I had to explain) As it stands I’ve been asked by this agent to send in more statements from 2022 to date some of which I don’t have as the bank doesn’t issue them when there is no movement in the bank account which I explained. This situation has had a negative effect on my already fragile mental health and I am not sure what to do, I’ve been given a deadline of 8th of February. Also I would like to make a managers complaint but not sure who to address it to, my county is Leicestershire. Any help anyone could give me with this situation would be greatly appreciated, thanks so much in advance.

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2 months 3 weeks ago #298725 by David
Hi Bohobell

Thanks for your feedback.

The DWP District Manager for the Leicestershire area is Javid Valli.
So type out your complaint in the UC Journal for the attention of Javid Valli, District Manager. When you have typed out the complaint in your UC Journal, from the drop down list choose Work Coach. Then you can copy and paste the same message and this time from the drop down list choose the option " Service Issue ". It is important to send the complaint twice as they have been known to get lost in the DWP pipework.
Let me know how you get on

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 months 3 weeks ago #298773 by Bohobelle
Thank you David for your helpful response, I will send in my complaint as you have advised and I will be back to let you know how I get on.
The following user(s) said Thank You: denby, David

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2 months 3 weeks ago #298782 by David
Hi Bohobelle

Yes your feedback would be worthwhile.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Bohobelle

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2 months 3 weeks ago #298805 by Bohobelle
Hi David, I have recently sent via my journal my bank statements from 2020 highlighting the amounts paid in by the Dwp as back payment for the attention of the agent and explained that this was due to payment error when I was on ESA and before I migrated to UC in 2021 and I was made to understand that the “capital” would be disregarded. I got a reply from the agent saying that it would be disregarded for one year after date of payment (normally) and that I need to send in my statements from 2021 to date to determine if it would affect prior payments (looking at all other circumstances) in his words. Is this correct? I thought if the payment was in error on their part it would be disregarded indefinitely for the duration of the claim, also how would I have been paid UC when migrated if I didn’t declare my capital and its source in the first place? Any help to shed some light on this situation would be very much appreciated or direction on how to approach this next as this whole ordeal is negatively impacting my mental health and providing that many bank statements is anxiety provoking, I have nothing to hide I just don’t see why it is needed. Thanks in advance. Bohobelle

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2 months 3 weeks ago #298807 by Gary
Hi Bohobelle

Any payment you have received in the past 12 months to cover arrears (or compensation for the late payment) of the following is disregarded:

~ universal credit
~ a pre-Universal Credit means-tested benefit
~ maternity allowance, if you receive the arrears or compensation during the current universal credit award or while on a pre-universal credit means-tested benefit and were migrated onto universal credit within one month of the earlier benefit ending; or
~ any UK social security benefit not listed as taken fully into accounts income.

UC Regs, Sch 10, para 18,UC(TP) Regs, reg10B

A payment to cover arrears made to compensate for an official error or an error on a point of law which is £5,000 or more which would be disregarded from an award of a pre-universal credit means-tested benefited you receive during your universal credit award, can be disregarded until the end of the award. This also applies if you received such a payment while on a pre-universal credit means-tested benefit and were migrated onto universal credit within one month of the earlier benefit ending.

Any lump sum of transitional severe disability premium amount or ‘new style’ employment and support allowance special payment (made to compensate for errors in the way claims for the benefit were first handled) is disregarded for 12 months, or for the duration of the universal credit award (if longer).

UC(TP) Regs, regs 10A & 10C & Sch 2, para 7

We would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk, they will be able to take all your circumstances into consideration.

Gary

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