UC have taken too much money
Comments
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* Edited for accuracy - Poppy has confirmed that this advice is not totally correct, I won't delete it due to risk of adding more confusion, but please read following posts. *
Ok, I think I see what's happened here now. IS is paid in advance, so the payment you got on 9th September covered the following two weeks run on. The payments on 23/9 and 6/10 were both overpayments as your UC covered that date range.UC is basically the opposite, that's paid in arrears, meaning that it covers the previous month. That's what causes the large gap in payments during the migration, moving from advance payments on legacy benefits to arrears payments on UC.
IS & HB can't directly reclaim the money from you now that you're on UC. So that money gets reclaimed from the UC payments instead, at the same amount as the overlap of IS & HB. IS & HB send those figures to UC. So if you do want to question the figures, it is the IS phone line that you should call to ask them directly.
Hopefully that makes sense. I'm sure someone will correct me if I'm wrong there.
I still believe they should have allowed you smaller repayments for the HB at least, even if not the IS. I didn't get IS myself, but was on ESA (sort of equivalent benefits) and it was the overlapping ESA that was all reclaimed from my second UC payment without any choice. So that does seem to be the same for both of us, whether it's correct or not.
Do keep us updated on what the case manager says if they get back to you.
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I'm not sure that does apply to UC? That's for the repayments directly to the council due to housing benefit overpayments on legacy benefits.
The problem in this case is that the council send their figures to UC, and then UC reclaim them from the previous UC payment. Which ends up being a deduction on the next UC payment. It's no longer anything to do with the council. It's not a very effective setup in my opinion.
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Income Support is paid in arrears and not in advance. Same for ESA.
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Sorry Poppy, have I just got those two words mixed up in my head, was the actual advice correct if I just edit the post and swap them over?
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Sorry, to add to the post above, the advice I gave can't be correct. I was on ESA for nearly a decade and always thought it was paid in advance for some reason!*
So that means the OP does only owe one of the IS payments after all? And they should call the IS phone line to question it with them directly?
(*This may explain why own overlap caused so much confusion with my own calculations. There's still a £700 discrepancy in my case!)
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Sorry, I hadn't kept up with the whole thread to be honest and just seen that part of your comment. I have a lot of things going on at the moment and haven't been as active as usual on here.
I've now read the whole thread and yes, they will only owe one of the IS payments because the first payment after they claimed UC would have been the 2 week run on, same would apply for HB.
I also agree that the overpayment should have been allowed to be repaid back in instalments, rather than take it as a whole payment. The only ones to blame for the overpayment to start with was IS for messing it up.
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Thanks Poppy. Hopefully they can make some progress with this now. 🙂
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So who are we meant to contact to rectify this?
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It would be UC because they are the ones that took the overpayment.
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I think you need to contact IS first, because they are the ones that told UC you owe two IS payments.
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I would think it best to try contact both parties and inform them of what is going on. As if IS are saying something different to UC then UC will pick the information IS if giving them over what you are giving them.
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Heres the latest.
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Hey @PeachyAna90, would you be able to post that again but without any names in it? If you could edit the image and make sure to cover any names or other personal information. Just for personal and identity security reasons.
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Sorry, didn't realise I had to do that. Here's the edited version.
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I still disagree because that first payment should have been the 2 week run on. That run on should not affect your UC payment.
You were paid from IS as an error for the 2nd payment so yes it should have been a debt due to an overpayment so they should have allowed you to repay it in instalments.
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I believe the amount to be incorrect, as they should have been entitled to a run on, but unfortunately in migration cases, transitional provisions enable the recovery of any overlaps that occur by taking the legacy benefits into account as unearned income. So it is recovered in full from UC and not treated as a debt.
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In these cases further issues typically arise as Income Support, ESA and housing benefit are not always made aware that recovery has happened and thus send out overpayment letters, in addition to it being deducted in full from the initial UC award.
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"In migration the 2 week run on is counted as income and deducted from UC"
I'm sorry WHAT??
Please can someone explain this because I was under the impression that I would claim the day after an ESA payment, get a run on 2 weeks later, miss a week of money and then get a full month's UC on the 5th week. So I thought we only have to manage for one week without money. Do we really have the 2 week run on deducted from the first payment?? Because that would mean we have in effect 3 weeks without money. When you live week to week, whether something is paid in advance or arrears is irrelevant, all you know is whether you have cash to pay the bills… How can they force us to migrate and make us miss payments?? It should be seamless, how are we supposed to eat and heat?
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The 2 week run on payment is not included and should not be recovered from UC.
Any money received in addition to the 2 week run on (so some people have been receiving payments of ESA, IS and HB for 4-6 weeks instead of just the 2 week run on) and in these cases, the money is calculated as unearned income and deducted in full from UC.
The 2 week run on is not included and should not be deducted at all.
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Sadly it's happened now and I can't do anything about it. I'm just too mentally exhausted to fight it, I just have to hope nothing else crops up between now and next month.
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