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Universal Credit overpayment - help!

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4 years 3 months ago #255674 by Anna Fleming
Universal Credit overpayment - help! was created by Anna Fleming
Good afternoon all,
I'm a social worker working with a client who has been told he has been overpaid by £500. Universal Credit are going to take £120 back this week, which will push him into financial hardship. I asked him to ask them to hold off and they said they cannot unless he speaks to debt recovery. He is going to do this, but I wondered if there is anything else we can do to stop them taking that money?

The client had spoken with UC every step of the way and he was told his calculations were correct, then suddenly this letter out of the blue saying he's been overpaid. It related to Carers Allowance being awarded and backdated, but he did check the sums when this was awarded too.

Any advice would be much appreciated.
Thanks for reading :(

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4 years 3 months ago #255697 by Gary
Replied by Gary on topic Universal Credit overpayment - help!
Hi Anna Fleming

Your client should request a Mandatory Reconsideration on their Journal especially if they do not agree with the decision and say on the Journal that it will cause them severe hardship.

Once this has been added on their Journal they should seek help from a local welfare rights worker who can take all their circumstances into consideration, backdating an award should not create an overpayment, but it may effect their UC claim in their assessment period.

Once you client has requested a MR if the decision still stands then they can appeal, cannot appeal without a MR first.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 3 months ago #255711 by bob.murison
Replied by bob.murison on topic Universal Credit overpayment - help!
Think this could be down to backdating of Carer Allowance

Is your client getting Carer Element of UC and if so if they got CA backdated there is an arguement that Carer Element should be backdated which could possible offset overpayment

We at Citizen Advice do warn clients of Carer Allowance of being treated as income for UC but in Scotland we do advise they claim as they get Carer's Allowance Supplement worth £460.20/year

Benefits and Representation
CAB
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