- Posts: 62
× Members
Universal Credit overpayment
- Anisty
- Topic Author
- Offline
Less More
3 weeks 2 days ago #298883 by Anisty
Universal Credit overpayment was created by Anisty
Hello,
I wonder if anyone knows how long it takes for dwp to request all the statements they need to calculate an overpayment?
I have now written 2 letters plus sent an MR to the freepost address (not recorded so might have gone astray)
I have raised it verbally at the job centre and on the UC helpline. A case worker was supposed to get back to me last week, but nothing.
I am the appointee for my adult son. He lives at home with us and spends very little.
He had capital in his building society, all correctly declared.
What i did not realise was that unspent money in his current account also counted as capital.
And i have only just learned how to calculate it. Once i realised my error, i raised it right away and told them that they would need to pull in bank statements back to 2019.
In fact they closed both the claim and journal in error i believe as they failed to deduct COL payments of £1850 from his capital. Once the £1850 was deducted, he never exceeded 16k at all. There was a 3k balance on his current account when they closed the claim and £13600 in the building society. With COL, still under 16k.
The main under reporting dates back to the lockdown years. He was well under 16k then, having only 7k in the building society but his current acc had soared to 5k at one point.
I have roughly calculated an overpayment of around £2800 in total from 2019 to claim closure in dec 2024.
But - so far - nothing is happening.
I got a ucd 68 which i replied to, but no overpayments were mentioned - just late reporting of capital.
They only have 3 months' statements. Surely they won't just base the overpayment on those 3 (which will be under £65)
Have i done enough to alert them of the issue?
It is a pain now the journal has closed as i will need to get everything printed and posted.
I hope my MR is successful and they re-open the claim and lines of communication.
Our post is not the best around here - are they likely to phone for more statements, or just write a letter?
I have a feeling that the outcome of the ucd68 might just be a £50 fine for me. Nobody seems to be listening to me that this is a bigger issue.
Or - will they get round to it in due course? Until they ask me for statements, im not wanting to send them as it will be a massive task printing them all and i want them to request them first rather than upsetting their systems.
Plus - fingers crossed - they will re open journal if MR succeeds.
*** This is a Universal Credit claim - can't work out how to post in UC forum ***
I wonder if anyone knows how long it takes for dwp to request all the statements they need to calculate an overpayment?
I have now written 2 letters plus sent an MR to the freepost address (not recorded so might have gone astray)
I have raised it verbally at the job centre and on the UC helpline. A case worker was supposed to get back to me last week, but nothing.
I am the appointee for my adult son. He lives at home with us and spends very little.
He had capital in his building society, all correctly declared.
What i did not realise was that unspent money in his current account also counted as capital.
And i have only just learned how to calculate it. Once i realised my error, i raised it right away and told them that they would need to pull in bank statements back to 2019.
In fact they closed both the claim and journal in error i believe as they failed to deduct COL payments of £1850 from his capital. Once the £1850 was deducted, he never exceeded 16k at all. There was a 3k balance on his current account when they closed the claim and £13600 in the building society. With COL, still under 16k.
The main under reporting dates back to the lockdown years. He was well under 16k then, having only 7k in the building society but his current acc had soared to 5k at one point.
I have roughly calculated an overpayment of around £2800 in total from 2019 to claim closure in dec 2024.
But - so far - nothing is happening.
I got a ucd 68 which i replied to, but no overpayments were mentioned - just late reporting of capital.
They only have 3 months' statements. Surely they won't just base the overpayment on those 3 (which will be under £65)
Have i done enough to alert them of the issue?
It is a pain now the journal has closed as i will need to get everything printed and posted.
I hope my MR is successful and they re-open the claim and lines of communication.
Our post is not the best around here - are they likely to phone for more statements, or just write a letter?
I have a feeling that the outcome of the ucd68 might just be a £50 fine for me. Nobody seems to be listening to me that this is a bigger issue.
Or - will they get round to it in due course? Until they ask me for statements, im not wanting to send them as it will be a massive task printing them all and i want them to request them first rather than upsetting their systems.
Plus - fingers crossed - they will re open journal if MR succeeds.
*** This is a Universal Credit claim - can't work out how to post in UC forum ***
Please Log in or Create an account to join the conversation.
- David
- Offline
Less More
- Posts: 1332
3 weeks 2 days ago #298884 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Universal Credit overpayment
Hi Anisty
Did you receive a UC73 " What we need to know " form?
Also what is the current level of his total savings and capital? Under £16000?
David
Did you receive a UC73 " What we need to know " form?
Also what is the current level of his total savings and capital? Under £16000?
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Anisty
Please Log in or Create an account to join the conversation.
- Anisty
- Topic Author
- Offline
Less More
- Posts: 62
3 weeks 2 days ago #298885 by Anisty
Replied by Anisty on topic Universal Credit overpayment
No, no UC73 received. The capital varies with his fluctuating current acc balance but, as of December 24, his building society had £13661.
His current acc had £4497.75 on 24th Dec which is his AP date BUT that was including pip paid right on 24th.
As pip is not capital until the following AP, his balance not including that pip was £3760.55.
£13661 + £3760.55 = £17421.55.
Minus COL = £15571
His TOTAL capital has never dropped below £1850 and i believe the COL is permanantly disregarded.
I don't want to start a new claim for him unless the overpayment is way higher than i calculated and really knocks his capital down.
As you can see, he is very close to the limit there and doesn't really need the UC. whilst living at home.
But i'm keen to get this all squared up asap.
His current acc balance started low in 2024. It isn't always as high as that - but it's never nil. He usually has around £1500 there on AP day.
His current acc had £4497.75 on 24th Dec which is his AP date BUT that was including pip paid right on 24th.
As pip is not capital until the following AP, his balance not including that pip was £3760.55.
£13661 + £3760.55 = £17421.55.
Minus COL = £15571
His TOTAL capital has never dropped below £1850 and i believe the COL is permanantly disregarded.
I don't want to start a new claim for him unless the overpayment is way higher than i calculated and really knocks his capital down.
As you can see, he is very close to the limit there and doesn't really need the UC. whilst living at home.
But i'm keen to get this all squared up asap.
His current acc balance started low in 2024. It isn't always as high as that - but it's never nil. He usually has around £1500 there on AP day.
Please Log in or Create an account to join the conversation.
- Anisty
- Topic Author
- Offline
Less More
- Posts: 62
3 weeks 2 days ago #298886 by Anisty
Replied by Anisty on topic Universal Credit overpayment
Sorry, i made a mistake on my first reply to you - i gave you the balance of December 24th
But - just remembered - the job centre never saw that statement as it was not ready when i saw them
The latest one they had was November's.
24th November balance was £1812.80.
So - even without COL disregard, total capital was £13661 + £1812.80 = £15473.80.
Minus the COL = £13 623.80.
But - just remembered - the job centre never saw that statement as it was not ready when i saw them
The latest one they had was November's.
24th November balance was £1812.80.
So - even without COL disregard, total capital was £13661 + £1812.80 = £15473.80.
Minus the COL = £13 623.80.
Please Log in or Create an account to join the conversation.
- Anisty
- Topic Author
- Offline
Less More
- Posts: 62
3 weeks 2 days ago #298887 by Anisty
Replied by Anisty on topic Universal Credit overpayment
Ps again, yes currently he has under 16k with the COL disregard. (As of Feb 2025)
But his claim closed 25th december and i don't intend to open a new one with capital this high.
But his claim closed 25th december and i don't intend to open a new one with capital this high.
Please Log in or Create an account to join the conversation.
- David
- Offline
Less More
- Posts: 1332
3 weeks 2 days ago #298888 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Universal Credit overpayment
Hi Anisty
The COL payments are permanently disregarded as per DWP ADM chapter H1 as follows-
Cost of Living Additional Payments
H1766 Where a claimant receives a Cost of Living Payment, this payment is to be ignored completely
when considering their entitlement to UC1
.
1 SS (AP) Act 22, s 8; SS (AP) Act 23, S8
H1767 Cost of Living Payments should not be considered as part of a claimant’s capital:
1. during the AP they are received or
2. In any subsequent AP they remain unspent
David
The COL payments are permanently disregarded as per DWP ADM chapter H1 as follows-
Cost of Living Additional Payments
H1766 Where a claimant receives a Cost of Living Payment, this payment is to be ignored completely
when considering their entitlement to UC1
.
1 SS (AP) Act 22, s 8; SS (AP) Act 23, S8
H1767 Cost of Living Payments should not be considered as part of a claimant’s capital:
1. during the AP they are received or
2. In any subsequent AP they remain unspent
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David