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Incorrect amount of overpayment of UC because take-home-pay

Peter1

Because a delay in being paid ESA, during one month assessment period I have been paid at the same time ESA and UC. Hence, I have received an overpayment of UC during this one month assessment period because we cannot be paid at the same time ESA and UC.

The UC department has calculated the amount of overpayment as a full month assessment period of UC and as a consequence it has paid me nothing during one month.

However; I think that this amount of overpayment is incorrect because during this one month assessment period I was not a paid a full month of UC because I did work and the amount of UC that I received was reduced by 55% of the amount I received from this work as “take-home pay”.

I think that the UC Department cannot deduct from my UC payment an amount that I have not received.

I informed the UC Department of this mistake and I was invited either to make an application for mandatory reconsideration or a request for a written explanation.

I chose to make a request for a written explanation about this overpayment but I have not yet received this written explanation even though I made my request several months ago and I sent two reminders.

I would like to know if I am right to think that this amount of UC overpayment was incorrect. I need to know this to decide whether or not to make an application for mandatory reconsideration

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Comments

poppy123456

You can claim New style ESA and UC at the same time but the ESA is deducted in full from any UC entitlement. If you're claiming both then the ESA is still deducted in full whether you're receiving earnings or not. Earnings are treated different to what ESA is.

UC doesn't deal with part assessment periods. It's also impossible to advise without know all the exact details, dates and amounts involved. For this reason I'd advise you to get some expert advice from an agency near you. https://advicelocal.uk/welfare-benefits

Peter1

For example, if I have received £385 for ESA during one assessment period.

And, I have received only £250 for UC for this same assessment period

I think that the UC department cannot deduct £385 for this assessment period as overpayment if I have received only £250 for this assessment period as UC.

It seems to me that an overpayment cannot be higher than the amount received

poppy123456

Yup, you can’t end up with a minus amount for UC because your claim would have already reduced to zero anyway.

Are you 100% sure you’ve understood exactly why there’s an overpayment of UC?

Peter1

I understand why there is an overpayment.

However, I do not understand your reasoning concerning me ending up with a minus amount for UC or my claim being already reduced to zero anyway.

I have difficult to understand how can we have an overpayment of £385 if we have been paid only £250

Maybe other members of this forum can help to clarify this issue

poppy123456

In your first comment you said you hadn't received anything for UC during one assessment period., which means it was reduced to zero. In another comment you gave an example, I didn't think that was an example based on what actually happened to you. Sorry but I'm totally confused by your timeline.

Peter1

Yes, it is an example but this is irrelevant because what matter is the rules concerning this issue

My UC for one month was reduced to zero but not “anyway” as you say because this was due to the fact that he incorrect amount of overpayment was used.

Moreover, I have difficulty to understand what do you mean by me ending up with a minus amount of UC

The rules is that we cannot received more UC that we have received ESA, however, I received less UC than ESA because “take-home pay”

I carry on having difficulty to understand how can we have been paid an overpaid of £385 even if we been paid only £250

I think we need the opinion of other members of this forum

poppy123456

"The rules is that we cannot received more UC that we have received ESA, however, I received less UC than ESA because “take-home pay”

Where did you get that from? Of course you can receive more UC then you do for ESA, it just depends on how much your maximum UC entitlement is.

Anyway, I will leave it at that now and maybe others will comment. Although you should get expert advice as I advised earlier in the thread.

Peter1

I cannot received more UC than ESA if I receive the full amount of ESA .

To get expert advice would be disproportionate because the amount at stake is quite small

There is another problem which is that I have not yet received a written explanation for this overpayment despite having made a request for it several months ago and having sent several reminders.

poppy123456

Your first paragraph is not correct. It’s definitely possible to receive more UC than ESA, when claiming both at the same time. It just depends on what your maximum UC entitlement is. Many people receive more UC than their ESA.

When I mentioned expert advice meant from an advice agency, which doesn’t cost. Please see the link I posted earlier and it will tell you what advice agency is local to you.

Peter1

Before seeing an advice agency I need to receive a written explanation about this overpayment to show them, however; as I say in my previous posts I have not yet received it despite my request of several months ago and my numerous reminders.

poppy123456

You shouldn't need an explanation for the overpayment if you show them your UC statements and tell them what you've received for ESA, including the dates.

Adrian_Scope

Hello @Peter1. If you look back at your UC statement, it should show your original statement with the amounts you were paid, and then the updated statement showing what they have calculated now they have assessed you as having an overpayment.

If you could tell us these amounts we might be able to help you more.

From what you have said, you are correct that you should not have an overpayment for more than the amount you were actually paid. But without seeing the statements and having more detail it's difficult for us to say for certain.