UC deducting money.

Leigh14

I rang UC a few months ago, to inform them that my son (a full time Uni student) had taken 20 hour a week job until Easter, then he’d be studying for exams. Two advisors assured me that nothing would change with my benefits. Rent is paid for by them, which is basically why I called them. I also notified the council and they said the same thing.
I thought I was short in money last month, and today, statement appeared and again I’m short. UC have in fact deducted nearly £86 for both months.
After being told over the phone by 3 different people, they obviously got it so wrong!

poppy123456

This sounds like it's a non dependent deduction for housing element. This shouldn't apply if you're either claiming daily living PIP/ADP or mid/high rate care DLA. Or if your son is under the age of 21. https://england.shelter.org.uk/professional_resources/legal/benefits/universal_credit/deductions_from_universal_credit_for_non-dependants

If either of those apply then put a message onto your journal and tell them that the deduction should apply because of X and then state the reason. 

Leigh14

Thankyou Poppy. I’m on the mobility, not the daily living with PIP, which I explained to the 3 advisors. I have left a note on journal explaining son finished working 20 hours a week on 27th March, as he is studying for exams, so he will be working for four hours one day a week as of this week. Hopefully, they will then make deductions a lot less!
The maddening thing is, I knew there would be deductions, and yet all three advisors told me not to worry, my monthly benefits would not be affected 🤦🏼‍♀️

poppy123456

Leigh14 said:

Thankyou Poppy. I’m on the mobility, not the daily living with PIP, which I explained to the 3 advisors. I have left a note on journal explaining son finished working 20 hours a week on 27th March, as he is studying for exams, so he will be working for four hours one day a week as of this week. Hopefully, they will then make deductions a lot less!
The maddening thing is, I knew there would be deductions, and yet all three advisors told me not to worry, my monthly benefits would not be affected 🤦🏼‍♀️

If he’s 21 or over then yes the deduction is correct. For UC it’s not based on earnings, there’s a standard deduction of £85.73/month, regardless of earnings. Please see the link I posted above. 

If it was the UC helpline you spoke to them they are never the best ones to ring for such advice. They sit there reading from a screen and have very little benefits knowledge. 

Leigh14

Thanks again Poppy. I have looked on the link, but cannot see about the standard amount being £85.73. Surely, if my son is now only working 4 hours a week, that amount wouldn’t still be deducted would it?
I should have realised about UC advisors, I read about it all the time regarding PIP helpline🤣 I have left another note on my journal, as the first reply didn’t address what I’d written this morning. God help.
Hope you’re enjoying the sunshine and are able to potter around the garden. I’ve grown plants from seeds again this year, so they are looking good so far.

Kimmy87

The deduction isn't based on his earnings, but his presence in the household. 

On the link already provided, third paragraph under Housing costs contributions

Leigh14

Kimmy87 said:

The deduction isn't based on his earnings, but his presence in the household. 

On the link already provided, third paragraph under Housing costs contributions

His presence has been in the household even while he is at Uni, nothing has been deducted since then. All very confusing🤦🏼‍♀️ Thankyou Kimmy, I’ll have a look at the housing costs contributions now.

Leigh14

Oh my days. This should have started for me then 6 months ago when he turned 21. I had no idea. I assumed when work was taken on, notify UC (which I did) and that would be that. 

Of course UC had details of him for child care element, so once that stopped, I notified them about full time Uni. I know this is my responsibility, but after regular updates, you’d think they might have started deductions 6 months ago.
I’m now going back to Poppy’s link to check Council Tax. I have a letter from them stating nothing changes (with his 20 hours work) as I also notified them.

poppy123456

The rules for non dependent deductions for UC are very different to what they are for housing benefit. For housing benefit it's related to how much they earn. Although in this case the deduction would be very similar. 

They won't just start the deductions as soon as he reached 21, you should have reported those changes. Sadly, even if it was their error, you will still have an overpayment that will need to be repaid back because all overpayments are recoverable for UC even official errors. 

Full time students are disregarded for council tax anyway. This maybe different during summer holidays, depending on how much he earns. You will need to contact them and ask about that. discounts-for-full-time-students

Leigh14

Thanks Poppy. I know that I will have to pay them starting from six months ago. I will leave a message on the journal. Hopefully they won’t deduct too much a month.
I reported him working to housing benefit, and was told it wouldn’t affect anything. Now, I’m wondering if that was told to me correctly. 

Council tax shouldn’t be affected, as the job isn’t in the holidays. I have a letter from them, when I notified the working situation. At least I have something in writing.

poppy123456

Leigh14 said:

I reported him working to housing benefit, and was told it wouldn’t affect anything. Now, I’m wondering if that was told to me correctly. 

Housing benefit is a different benefit and you will only be claiming this if you're living in either supported or temporary housing. As you're claiming UC then your rent will be included known as housing element.

When reporting changes to your housing situation, you report them to UC. 

Leigh14

This is really confusing. So, I must be on housing element then? The deduction of £85.73 is just that then, nothing more will be deducted? I have asked via the journal for the overpayment amount. This I shall pay in full, so nothing else will be deducted from the monthly outgoings. 

Poppy, you are a godsend, so Thankyou so much for this information.

poppy123456

You're welcome. Yes, it will be housing element you're claiming because it's UC. When you look at your statement you will see "housing element." This is administered by DWP not your local Authority. Many people get confused between housing benefit and housing element. 

The amount that's being deducted is because it's a standard non dependent deduction. It's probably why you thought it was earnings based because you thought it was housing benefit you're claiming. 

Thank you also for such kind words. You know me, I'm always happy to advise anyone. 

Leigh14

Members here are extremely lucky to have you on Scope Poppy, and I’m sure I speak for everyone when I say how much we appreciate you and the advice we are given. Also of course, @chiarieds, Mike who is no longer on board (which is a great shame) and other members that have helped me. 💐💐

Leigh14

After leaving a message on my journal, just had the reply that there are no overpayments on my account. All so confusing. Surely if you turned 21 last year, then to date, that should mean overpayment is for six months, as March and April this year has been paid.

poppy123456

That’s very kind of you to say such kind words, thank you very much! 

If he’s been living with you the whole time then yes the deductions should have applied from the assessment period in which he reached 21.

Leigh14

Someone I know gets working tax credit, child has turned 21, and same deduction is being applied. Isn’t on housing benefit, or UC. I can’t find any information on this though.

poppy123456

Leigh14 said:

Someone I know gets working tax credit, child has turned 21, and same deduction is being applied. Isn’t on housing benefit, or UC. I can’t find any information on this though.

That can't be correct because non dependent deductions do not apply to WTC. I can only assume they they've given you some incorrect information. 

Leigh14

I found it odd too Poppy. Thanks for clearing that up for me.

Leigh14

More clearer now, she has been switched over to UC.