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Non dependent reductions

cpnan

Hi not sure if anyone can help. I have been awarded PIP backdated to 24/9/21. Been on universal credit since august and non dependent reductions have been taken each period as my son lives with me.

I’m wondering if I will now get those non dependent reductions back? I have received notice from council of credit for the ndr’s they took, which is what made me query the universal credit.
many thanks.

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Comments

Adrian_Scope

Hi @cpnan, if you add a note on your journal with the details of now receiving PIP and it being backdated, they should recalculate your statements for you. They don't receive notification of PIP in the same way the council do so you need to bring it to their attention.
You may need to spell it out for them and explain that you shouldn't have non-dependent deductions for the period you receive PIP.

calcotti

Post it as a payments query.

Adrian_Scope said:..They don't receive notification of PIP in the same way the council do so you need to bring it to their attention.

Which is daft!

cpnan

Thank you so much. I did inform uc that I’ve been awarded but didn’t think to ask about this. Really appreciate your help.

calcotti

Note that Universal Credit refers to non dependant deductions as Housing Cost Contributions. Also note that you are only excluded from having a HCC deduction applied if your PIP award includes the Daily Living component (a Mobility only award will not exempt you).

cpnan

Universal credit have said I’m not exempt from non dependent deductions and that I would only be exempt if my non dependent gets PIP. They directed me to the .gov website, but I can’t find anything that refers to this. All other sites state that I should be exempt. I have messaged them back but no reply as yet.

calcotti

cpnan said:

Universal credit have said I’m not exempt from non dependent deductions and that I would only be exempt if my non dependent gets PIP. They directed me to the .gov website, but I can’t find anything that refers to this. All other sites state that I should be exempt. I have messaged them back but no reply as yet.

They are wrong. Their ignorance really does know no bounds.
Ask them to review their decision and refer them to Advice for Decision Making (which is their own guidance document) paragraph F3150
ADM Chapter F3: Housing costs element – Support for renters (publishing.service.gov.uk)

F3150 No HCC deduction will be made where
1. the renter is
1.1 a single person or
1.2 a joint renter and
1.2.a where there is at least one joint renter
2. who is
2.1 blind
2.2 in receipt of the care component of DLA at the middle or highest rate
2.3 in receipt of “AA” (includes AFIP)
2.4 in receipt of the daily living component of PIP
2.5 entitled to at least one of the benefits at 2. to 4. above but are not in receipt of it under prescribed legislation because they are in hospital.

There is separate paragraph for non-dependants in receipt of disability benefits.

cpnan

Thank you, you’re a star! I’ve sent them another message.

cpnan

My journal messages weren’t replied to however I have had to go to the job centre today so I enquired while I was there. My work coach didn’t know so she asked another colleague who said he would look into it. He’s just rang and said I am NOT exempt from non dependent deductions! I’m so confused.

poppy123456

They clearly have no idea what they are talking about. It's in their own guidence as linked by calcotti. Did you put the message under the payment section? If you didn't then i'd advise you to do that.

calcotti

cpnan said: He’s just rang and said I am NOT exempt from non dependent deductions! I’m so confused.

They are wrong. You probably need to request a Mandatory Reconsideration. Something along the lines of:

I request a Mandatory Reconsideration of the decision to continue making Housing Cost Contribution deductions from my eligible rent when calculating my housing element.
Because I have been awarded PIP including the Daily Living component I believe this decision to be incorrect.
Please refer to Advice for Decision Making paragraph F3150 and the Universal Credit Regulations 2013, Schedule 4, paragraph 15.
I request that you review your decision and cease applying the HCC and that you also review all my Universal Credit payments since xxxx which is the start date of my PIP award

cpnan

Thank you very much. I have added another message to my journal, see what they say this time!

calcotti

cpnan said:

Thank you very much. I have added another message to my journal, see what they say this time!

Please let us know the outcome.

cpnan

My enquiry has been sent to a decision maker, will let you know the outcome.

Thanks again for all the guidance 😊

cpnan

After asking for a mandatory reconsideration, they replied stating that there would be no non dependent deductions taken from my next payment. I then had to ask about about back pay which has now been paid 😊. I do wonder if they would’ve paid it if I hadn’t asked!
Thank you all for your help.

calcotti

Glad it’s sorted. It would be so much better if staff were adequately trained so that they got decisions right first time round,

Ross_Alumni

cpnan said:

After asking for a mandatory reconsideration, they replied stating that there would be no non dependent deductions taken from my next payment. I then had to ask about about back pay which has now been paid 😊. I do wonder if they would’ve paid it if I hadn’t asked!
Thank you all for your help.

Very glad to hear this has been resolved for you