New universal credit regulations come in to force today. This follows our successful legal case concerning people paid monthly getting two wages in one UC assessment period. Our head of strategic litigation Carla Clarke has shared what the new regs mean:
What are the new regs?
The new regulations amend the DWP’s approach to calculating UC payments when a monthly paid employee receives two monthly wages in one assessment period. The amendments do not apply to people paid weekly, fortnightly or 4-weekly.
How does this work?
The adjustment will not be automatic but (for now) depends on the person affected alerting the DWP, via a post on their UC journal or a telephone call, to the issue.
When should the person affected alert the DWP?
To get a payment adjusted as quickly as possible, the person affected should alert the DWP as soon as they see from their UC payment statement that (a) the UC amount is lower than expected and (b) the earnings reported by the employer as recorded on the statement is the sum of two months’ earnings. Don’t wait until the UC is actually paid.
What should the person affected tell the DWP?
The person affected should say that: they are in regular monthly paid employment; two wages have been included in the one assessment period; they want one of those wages to be reallocated to another assessment period under regulation 61(6) Universal Credit Regulations 2013; and upload the wage slips for both wages which have been included in the one assessment period as evidence.
What if there are problems?
If you or someone you know is experiencing difficulties in getting your/their UC payment adjusted in these circumstances please contact Testcases@cpag.org.uk with ‘regulation 61(6)’ in the subject line or tell us here.