Carers allowance and Universal Credit - HELP!

poppy123456

It's still your responsibility to ring and tell them because you shouldn't have received it.

poppy123456

All overpayments for UC are recoverable, even if it's an offical error. As you have already received the money because you were already claiming UC then it will be classed as a UC overpayment. See link. http://england.shelter.org.uk/legal/benefits/universal_credit/payment_of_universal_credit/overpayments_of_universal_credit#_ednref3

Adrian_Scope

Unfortunately @poppy123456 is correct, under some legacy benefits official errors were sometimes disregarded but they're not on Universal Credit.
With Carers Allowance, they usually either A] Don't back date or B] Back date and recover the amount as an over-payment through future UC awards. Sadly it sounds like they're doing the latter with you.

Welshlad90

All we can do is ask for a discretion not to recover to be considered as why should we be punished for CA error. Dont see why we should have £280 a month taken off us until the payment is repaid when we done everything right our end. I get what you are all saying but it does state on the link poppy sent me that discretion is a possibility

poppy123456

They only write off a debt in the most extreme circumstances for UC. Carers Allowance is deducted £1 for £1 from UC payments so there will be a deduction of approximately £280 per month anyway. Then your partner receives the carers allowance separately. It's highly likely that they will recover the payment. If it was me i wouldn't spend it and i'd pay it back as one lump sum, otherwise your UC furture payments will decrease further because of the overpayment.

You need to make sure that the carers element is added to future payments, if it isn't then add a note on your journal saying your partner is caring for you for 35 hours per week.

Welshlad90

She already gets the carers element but what I'm trying to say is yes its recoverable but why on earth would they pay the money if they knew we had been in receipt of uc the whole time? If it was our error fair enough we would pay it back but its THEIR error we shouldnt be punished for it. Think a call to local CAB is in order 

poppy123456

I agree it's their error but for UC it's recoverable. If you were claiming any other benefit like ESA then it wouldn't be recoverable. UC is different. I'm not sure what CAB can do here, other than give the advice you've been given here.

Welshlad90

Well surely because I'm classed as vulnerable they need to consider discretion they cant take nearly £600 a month off a vulnerable person. 

poppy123456

I'm afraid they can recover the overpayment, maybe not the full £280 per month on top of the £280 already deducted for carers allowance but certainly a deduction.

Over payments for couples over 25 at the standard rate is £74 per month.  My advice is to keep the money and offer to repay it as one lump sum and then it's done with.

https://www.turn2us.org.uk/Benefit-guides/Overpayments-under-the-Universal-Credit-system/How-is-an-overpayment-recovered

Welshlad90

CAB has advised me that due to me being classed as vulnerable to request the recovery of the money is set aside awaiting a call back from case manager now to discuss. Spoken to carers allowance and even they said it shouldnt be recovered due to it being their error. They have stated because we have already received the payment they cant automatically take it back off us but have given advice to request for UC to set it aside and not recover. 

Welshlad90

Why should they recover and punish us for something not our fault after all they would basically be risking a vulnerable person becoming homeless by recovering the money we was given because of CA incompetence