- Posts: 51
× Members
Universal Credit Review Experience
- copshaw
- Offline
Less More
1 month 1 week ago #295263 by copshaw
Replied by copshaw on topic Universal Credit Review Experience
Thanks Gary just making sure I’m covered for the phone interview part of my review
The following user(s) said Thank You: VIA
Please Log in or Create an account to join the conversation.
- copshaw
- Offline
Less More
- Posts: 51
1 month 1 week ago #295265 by copshaw
Replied by copshaw on topic Universal Credit Review Experience
Cheers Gary getting organised for my Uc review phone call.first time I’ve done one
The following user(s) said Thank You: VIA
Please Log in or Create an account to join the conversation.
- dccantona
- Offline
Less More
- Posts: 10
2 weeks 2 days ago #296219 by dccantona
Replied by dccantona on topic Universal Credit Review Experience
Hi. Up for another review = 1year after last review which took 5 months and a suspension before being resolved.
Mainly due to the fact they verbally stated as oft mentioned "they are not interested in where I spend the money but want to see my Revolut card Statement" to see where I spend my money!
Also they refused to take into account debts like credit card until I sent them the following legislation regarding my £5000 credit card debt.
Notional capital
50.—(1) A person is to be treated as possessing capital of which the person has deprived themselves for the purpose of securing entitlement to universal credit or to an increased amount of universal credit.
(2) A person is not to be treated as depriving themselves of capital if the person disposes of it for the purposes of—
(a)reducing or paying a debt owed by the person; or
(b)purchasing goods or services if the expenditure was reasonable in the circumstances of the person's case.
Therefore if you have funds waiting to pay a credit card debt IT CAN BE TAKEN INTO ACCOUNT
www.legislation.gov.uk/uksi/2013/376
In the end they decided to give up as I was awarded £10000 backdated PIP Court Appeal decision.
My questions are if I have over £6K in my account but this is down to the money the DWP owed me and paid into my account and I stupidly decided not blow it all; have I broken some rules by not declaring the money? to the people who gave it to me
Also is this to be an annual event.
As to my Revolut card I have now binned it and good luck to them getting the statements from a company that has no customer services.
Mainly due to the fact they verbally stated as oft mentioned "they are not interested in where I spend the money but want to see my Revolut card Statement" to see where I spend my money!
Also they refused to take into account debts like credit card until I sent them the following legislation regarding my £5000 credit card debt.
Notional capital
50.—(1) A person is to be treated as possessing capital of which the person has deprived themselves for the purpose of securing entitlement to universal credit or to an increased amount of universal credit.
(2) A person is not to be treated as depriving themselves of capital if the person disposes of it for the purposes of—
(a)reducing or paying a debt owed by the person; or
(b)purchasing goods or services if the expenditure was reasonable in the circumstances of the person's case.
Therefore if you have funds waiting to pay a credit card debt IT CAN BE TAKEN INTO ACCOUNT
www.legislation.gov.uk/uksi/2013/376
In the end they decided to give up as I was awarded £10000 backdated PIP Court Appeal decision.
My questions are if I have over £6K in my account but this is down to the money the DWP owed me and paid into my account and I stupidly decided not blow it all; have I broken some rules by not declaring the money? to the people who gave it to me
Also is this to be an annual event.
As to my Revolut card I have now binned it and good luck to them getting the statements from a company that has no customer services.
The following user(s) said Thank You: cats6, VIA
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8169
2 weeks 1 day ago #296244 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Universal Credit Review Experience
Hi dccantona
Payment is not counted as savings for one year and will not affect your income related or means tested benefits during this time, such as UC.
However, where benefits have been underpaid because of:
* an official error
* an error on point of law
Any payments over £5,000 can be disregarded for the length of the claim or until the award ends.
I know many claimants who receive a large backdate set up funeral plans. You can do what ever with your savings as you please, but remember DWP could treat your spending as Notional Capital.
Deprivation of capital is when you knowingly reduce or transfer elsewhere your savings or other capital to get, or increase your award of Universal Credit, so keep receipts of anything you spend your savings on.
Most means-tested benefits are only paid to people with less than £16,000 in savings (tax credits and the guarantee element of Pension Credit are not affected by this rule).
If you (and your partner) are under Pension Credit age and have total capital over £6,000 then the government assumes you receive £1 per week for every £250 of capital you have above £6,000.
If you are over Pension Credit age the government assumes you receive £1 per week for every £500 of capital you have above £10,000.
Gary
Payment is not counted as savings for one year and will not affect your income related or means tested benefits during this time, such as UC.
However, where benefits have been underpaid because of:
* an official error
* an error on point of law
Any payments over £5,000 can be disregarded for the length of the claim or until the award ends.
I know many claimants who receive a large backdate set up funeral plans. You can do what ever with your savings as you please, but remember DWP could treat your spending as Notional Capital.
Deprivation of capital is when you knowingly reduce or transfer elsewhere your savings or other capital to get, or increase your award of Universal Credit, so keep receipts of anything you spend your savings on.
Most means-tested benefits are only paid to people with less than £16,000 in savings (tax credits and the guarantee element of Pension Credit are not affected by this rule).
If you (and your partner) are under Pension Credit age and have total capital over £6,000 then the government assumes you receive £1 per week for every £250 of capital you have above £6,000.
If you are over Pension Credit age the government assumes you receive £1 per week for every £500 of capital you have above £10,000.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: cats6, VIA
Please Log in or Create an account to join the conversation.
- cats6
- Offline
Less More
- Posts: 98
2 weeks 1 day ago #296273 by cats6
Replied by cats6 on topic Universal Credit Review Experience
"People who may not need to accept a commitment include those who lack capacity, those who have exceptional circumstances where it would be unreasonable to expect them to agree a commitment (this is decided by the work coach on a case by case basis'
On what basis is this being made?
Where are the work coaches getting the information and what information for them to decide on those
"Who have exceptional circumstances.
On what basis is this being made?
Where are the work coaches getting the information and what information for them to decide on those
"Who have exceptional circumstances.
Please Log in or Create an account to join the conversation.
- dccantona
- Offline
Less More
- Posts: 10
2 weeks 4 hours ago #296301 by dccantona
Replied by dccantona on topic Universal Credit Review Experience
Gary thanks for your quick response. You mention "Payment is not counted as savings for one year" As the 1 year anniversary is due next month does that mean I have to "spend" the money before then or can I have the money in my account until 2027 when the PIP award ends.
My other main issue is that this is the 2nd investigation within 12 months. I know that with help from this site I have via the Court of Appeal been in receipt of Higher PIP & LCWRA; are they doing this just because I am at the higher end of payments received and looking to reduce. What can I do other than adhere to their request. Can I ask why is this continually going on. What can I do? as this is very stressful espeacially as this went on for 5 months last time. Thanks
My other main issue is that this is the 2nd investigation within 12 months. I know that with help from this site I have via the Court of Appeal been in receipt of Higher PIP & LCWRA; are they doing this just because I am at the higher end of payments received and looking to reduce. What can I do other than adhere to their request. Can I ask why is this continually going on. What can I do? as this is very stressful espeacially as this went on for 5 months last time. Thanks
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David