Hi, my name is kasia39! Will people in my situation get the cost of living payment?

kasia39

Hi, I haven't received the cost of living payment. I'm getting paid every 4 weeks and my assessment period is from 7th to 8th every month. So from 7th April till 8th May, I got zero awards because I got paid my salary twice in that assessment period. I believe this is really unfair because I I will be paid monthly I wouldn't have that problem. Please, do anyone know if people in my situation will still get the cost of living payment? Thank you

poppy123456

The criteria is that you must have be entitled to a payment of UC for an assessment period that ended between 26th April to 25th May. As your UC was reduced to zero because of earnings for that assessment period then you won't be entitled to the first payment of £326. There's nothing you can do about this.

You maybe entitled to the next payment of £324 which is due sometime in the Autumn but the criteria hasn't been announced yet.

Full details here. https://www.gov.uk/guidance/cost-of-living-payment

kasia39

Thank you for your answer. It is so unfair and should be against the law as it doesn't mean I earned more as some other person with the same wage but it's just paid every four weeks. I hope there is more people in the same situation as me and the government will look at it and correct it. So far seems like the computer system decides who is eligible.

Sue_Alumni

Hi @kasia39, there have been some reports about this in the press and unfortunately your case is not isolated. The DWP is using a computer programme to identify people eligible for the COL payment. The computer  programme does not appear  to address the fact that many people are paid 4 weekly and for these people their pay day does not  match the qualifying period for the first payment of the COL.  I understand that you can challenge  the decision that you have not been paid a cost of living payment by contacting the DWP office that pays your benefit. 

calcotti

The 4 week wage has always been an issue with UC in a number of ways. It isn't against the law and the courts have accepted it as legal.

Sue_Scope said: I understand that you can challenge  the decision that you have not been paid a cost of living payment by contacting the DWP office that pays your benefit. 

There is no grounds to challenge in these circumstances. The decision that payment is not due is legally correct. To get the situation changed would require a revision to the regulations.
https://www.legislation.gov.uk/ukpga/2022/38/contents/enacted

Sue_Alumni

Hi, calcotti  you are  correct but the OP could make  a complaint about the decision and there are instances, I accept  from press reports that may not be completely reliable, that indicate that the DWP may be prepared to reconsider in these circumstances. The OP should also contact their MP. 

kasia39

Thank you for your comments, everyone. It's just simply unfair treatment as the cost of living has risen for me the same as for the other person who got the payment and has the same annual salary as me but is paid monthly. I don't understand how this can be lawful. I really hope someone will look at it and correct it.

poppy123456

Sue_Scope said:

 I accept  from press reports that may not be completely reliable, that indicate that the DWP may be prepared to reconsider in these circumstances.

DWP didn't set the regulations or make any of the payments. All of that was done by the Government.

I can't see the rules changes at all.

Sue_Alumni

Hi I've done a bit more research  on this. I understand that some rules were brought in with effect from November 2020 that amended regulation 61 of the UC regulations with the result that a double payment of monthly earnings to a UC claimant can, where it produces a more accurate result, be allocated to 2 different assessment periods, rather than just one. I am not sure whether this could apply in these circumstances but it could be worth a try and I am very happy to be corrected on this.  I understand it is for the UC claimant to inform the DWP of the problem themselves. 
askcpag.org.uk/content/205719/uc-and-double-payment-of-wages-new-rules

poppy123456

Sue_Scope said:

Hi I've done a bit more research  on this. I understand that some rules were brought in with effect from November 2020 that amended regulation 61 of the UC regulations with the result that a double payment of monthly earnings to a UC claimant can, where it produces a more accurate result, be allocated to 2 different assessment periods, rather than just one. I am not sure whether this could apply in these circumstances but it could be worth a try and I am very happy to be corrected on this.  I understand it is for the UC claimant to inform the DWP of the problem themselves. 
askcpag.org.uk/content/205719/uc-and-double-payment-of-wages-new-rules

I think the clue is in the question here. It applies to those that are paid monthly, not to those that are paid 4 weekly. Therefore, it doesn't apply here.

calcotti

Sue_Scope said:

.. I accept  from press reports that may not be completely reliable, that indicate that the DWP may be prepared to reconsider in these circumstances. 

I cannot see any legal basis for them to do so.

Sue_Scope said: The OP should also contact their MP. 

That of course is possible to highlight the issue.

calcotti

Sue_Scope said:

Hi I've done a bit more research  on this. I understand that some rules were brought in with effect from November 2020 that amended regulation 61 of the UC regulations with the result that a double payment of monthly earnings to a UC claimant can, where it produces a more accurate result, be allocated to 2 different assessment periods, rather than just one.

The case very specifically resulted in changes to the treatment of monthly payments. The court was also clear that within the context of the fundamental design of UC the treatment of 4 weekly payments was justified.