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UC Claim review - HELP

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13

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  • poppy123456
    poppy123456 Community member Posts: 55,312 Disability Gamechanger
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    I’m afraid I don’t have a link. Entitlement to UC is based on your circumstances on the last day of each assessment period. This includes any capital you have over £6,000. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • chiarieds
    chiarieds Community member Posts: 16,133 Disability Gamechanger
    edited October 2023
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    I believe this confirms what poppy has said. From ADM Chapter 1:Capital scroll down to section 1050 which says,''Income becomes capital if it has not been spent by the end of the assessment period after the one in which it was received.''

  • poppy123456
    poppy123456 Community member Posts: 55,312 Disability Gamechanger
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    chiarieds said:
    I believe this confirms what poppy has said. From ADM Chapter 1:Capital scroll down to section 1050 which says,''Income becomes capital if it has not been spent by the end of the assessment period after the one in which it was received.''

    Thanks. I think you were meant to post a link. It’s here https://assets.publishing.service.gov.uk/media/648b10585f7bb700127faae7/admh1.pdf
    although that refers to Income. Capital rules are the same though. What counts is what you have on the last day of each assessment period. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • maddanj
    maddanj Community member Posts: 27 Connected
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    Thank you @chiarieds. I have no income, only benefits.
    @poppy123456 Thanks Poppy.  In my post, I said that I have over the capital limit due to backpayments. My Case Manager at the time told me these weren't counted as income or benefits. I've just heard from the review team that they can be discounted for 12 or 18 months. It's really bad that they don't put this in the award / backpayment letters.

  • maddanj
    maddanj Community member Posts: 27 Connected
    edited November 2023
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    Recarding the UC Payments Reviewis:
    it usual to have a different case manager assigned during a Univesal Credit review?
    I've left a journal requesting my usual Case Manager calls me as I need to clarify this info about backpayment discounted timescales and info about my claim ending when I qualify for  for my state pension in Jamuary.

    They initially asked me what I want to discuss with my CM then when I said it's about historic payments and clarificaitons of backpayments. Another Review agent then left me a message to say he's my CM during the payements review. 
    I feeel they are not being transparent and inhibiting me from proceeding with clarifications on my claim.
  • Kimmy87
    Kimmy87 Community member Posts: 337 Pioneering
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    They have a special team who do compliance checks, so yes it's usual to have someone different. 
  • poppy123456
    poppy123456 Community member Posts: 55,312 Disability Gamechanger
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    maddanj said:
    I've just heard from the review team that they can be discounted for 12 or 18 months. It's really bad that they don't put this in the award / backpayment letters.


    That's shocking advice you've had there from the review team! Backdated lump sums are disregarded for 12 months only. If lump sums of more than £5,000 are from official errors then they are disregarded for the life of the claim. See link and scroll to "backdated lump sums from DWP. https://www.moneyhelper.org.uk/en/benefits/problems-with-benefits/how-do-savings-and-lump-sum-pay-outs-affect-benefits

    All Cost of living payments are also disregarded for an indefinite period.

    When its a review like this is can be any Case manager that deals with it.

    When you reach state pension age, if you're a single person or living with a partner that's already state pension age your UC should just close and you will receive one final UC payment. You will also need to apply for your state pension https://www.gov.uk/get-state-pension

    Are you claiming for help with any rent in with your UC? If you do then you will need to claim Housing benefit for this, which can be claimed from your Local Authority.  

    Do you claim a disability benefit such as either PIP daily living, DLA mid/high rate care, ADP daily living? If so are you living with other adults?



    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • legendofall
    legendofall Community member Posts: 24 Connected
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    Finally my UC review is done, no changes are being made to my UC, thankfully they made the right decision, my benefits are not affected. 
  • maddanj
    maddanj Community member Posts: 27 Connected
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    @poppy123456  Thank you. That's helpful - I think. My usual Case Manager told me the back payment would not be classed as income or capital but of course, the letter doesn't show this. 
    The backdated payment was way over £5k as it was 3 years worth of LCWRA due to the WCA taking 5 years.

    I will check the letter from the DWP complaints officer in response to my MP who determined that when UC tried to reclaim part of my back payment (said couldn't find 9 months worth of fit notes that they and ESA recieved) and see if this holds any relevant info about the disregard period.

  • poppy123456
    poppy123456 Community member Posts: 55,312 Disability Gamechanger
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    maddanj said:
    @poppy123456  Thank you. That's helpful - I think. My usual Case Manager told me the back payment would not be classed as income or capital but of course, the letter doesn't show this. 
    The backdated payment was way over £5k as it was 3 years worth of LCWRA due to the WCA taking 5 years.

    I will check the letter from the DWP complaints officer in response to my MP who determined that when UC tried to reclaim part of my back payment (said couldn't find 9 months worth of fit notes that they and ESA recieved) and see if this holds any relevant info about the disregard period.
    In your case the backdated money is disregarded for 1 year from the date you received it. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • mangofrog
    mangofrog Community member Posts: 7 Listener
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    I’ve recently received this message too. Just read through this thread and I had no idea that capital over £6000 affected UC benefits (I thought it was a higher number). That’s not something that’s ever been communicated tk me. I’ve had over £6000 for a while as a result of my UC benefits. I have no other income. Do UC benefits themselves count as capital?
  • poppy123456
    poppy123456 Community member Posts: 55,312 Disability Gamechanger
    edited December 2023
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    mangofrog said:
    I’ve recently received this message too. Just read through this thread and I had no idea that capital over £6000 affected UC benefits (I thought it was a higher number). That’s not something that’s ever been communicated tk me. I’ve had over £6000 for a while as a result of my UC benefits. I have no other income. Do UC benefits themselves count as capital?
    The lower limit has always been £6,000 for working age people. For every £250 or part thereof over £6,000 there’s a £4.35/month deduction in your UC.

    Savings of more than £16,000 then entitlement stops. 

    Your UC payments are not treated as capital until the end of the period they are paid for. For UC what counts is what savings you have in total on the last day of each assessment period.

    The cost of living payments are disregarded from your savings indefinitely. 

    If you’re claiming council tax reduction then some local authorities have a maximum savings limit of £6,000 before entitlement to CTR ends. You will need to have a look on their website to see if there’s any information about savings limits. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • TheManFromLondon
    TheManFromLondon Community member Posts: 269 Pioneering
    edited December 2023
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    mangofrog said:
    I had no idea that capital over £6000 affected UC benefits (I thought it was a higher number). 
    I recall being asked during the application about my savings being above this figure and again when my UC was approved, as part of reporting change of circumstances .

    Hard to miss really.
  • Jimm_Scope
    Jimm_Scope Posts: 2,866 Scope online community team
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    Hi @mangofrog, it's often best to just be upfront. It's okay to make mistakes, it's an issue when it's purposeful. You will have to payback any overpayments, but unless you've saved over £16,000 you will still get Universal Credit.

    Also, while it is gone over upon applying I'm not surprised people can forget about a single detail about an application they possibly did years ago. There's many other thresholds in our system to get confused about it over too.
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  • TheManFromLondon
    TheManFromLondon Community member Posts: 269 Pioneering
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    Also, while it is gone over upon applying I'm not surprised people can forget about a single detail about an application they possibly did years ago. There's many other thresholds in our system to get confused about it over too.
    That is so true.

    As you said, if you come forth the moment you realise something was missed, they will understand. Eventually they will arrange a repayment plan for any overpayment and that will be all.

    Of course, the OP will have to collect Bank statements, and it could go back to their initial application. Fact is, they will want to see exactly when saving went over the threshold. So it will be kind of an unpleasant, time consuming experience.
  • mangofrog
    mangofrog Community member Posts: 7 Listener
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    Hi @mangofrog, it's often best to just be upfront. It's okay to make mistakes, it's an issue when it's purposeful. You will have to payback any overpayments, but unless you've saved over £16,000 you will still get Universal Credit.

    Also, while it is gone over upon applying I'm not surprised people can forget about a single detail about an application they possibly did years ago. There's many other thresholds in our system to get confused about it over too.

    Thank you :) I sent a very detailed message in my journal apologising and giving lots of information as to my savings over time etc They seem to have responded okay. I’ve sent all my bank statements dating back to when I initially went over the threshold now.
  • mangofrog
    mangofrog Community member Posts: 7 Listener
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    I do have some other questions which I’ve asked twice in my journal, but the person responding hasn’t addressed then - thought maybe you all would have the answers!

    - is it correct that we need to declare the total amount of capital at the end of the assessment period? (As opposed to another time)
    - how do well when the end of our assessment period is?
    - wrt Cost of Living payments, do we deduct the total amount of COL payments from our overall money? Ie. I’ve received £1251 in COL payments (first one was in July ‘22) - do I deduct £1251 from the overall amount in my bank account each month? Or is there a different way of doing it?

    Thank you :)
  • mangofrog
    mangofrog Community member Posts: 7 Listener
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    *how do we tell when the end of our assessment period is
  • poppy123456
    poppy123456 Community member Posts: 55,312 Disability Gamechanger
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    mangofrog said:


    - is it correct that we need to declare the total amount of capital at the end of the assessment period? (As opposed to another time)
    - how do well when the end of our assessment period is?
    - wrt Cost of Living payments, do we deduct the total amount of COL payments from our overall money? Ie. I’ve received £1251 in COL payments (first one was in July ‘22) - do I deduct £1251 from the overall amount in my bank account each month? Or is there a different way of doing it?

    Thank you :)
    Yes, your UC entitlement is determined on the last day of each assessment period. For this reason, this when you would need to tell them if there's any changes to your capital, if it's more than £6,000. For every £250 or part thereof over that amount there's a £4.35/month deduction.

    To know the dates of your assessment periods, log in to your journal and then click "home" from there look at the list and then click "payments." At the top of that page it will say something like this... on 25th December you will be paid any money you're entitled to... the amount you get is based on your circumstances from 19th November to 18th December. Therefore your last day of your assesment period in this example will be 18th December. 

    All the cost of living payments are disregarded from capital indefinitely.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • woodbine
    woodbine Community member Posts: 11,817 Disability Gamechanger
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    Our daughter did all the checks when she first claimed around 6 years ago, this week they have asked for some really odd i.d etc, including a photo of the houses opposite hers, letters from GP to confirm she and her son are patients the list is long and in parts stupid, she has however done almost all they asked for and sent it to them, if they come back wanting more I have told her we will pay for legal advice.
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