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Hello, hope someone can help with this.
I’m single mum in full time employment claiming UC. My salary is paid monthly on last Friday of the month. My UC AP runs from 30th of the month to 29th of the following month. Because how my salary is paid some months I receive two salaries in one AP and then following AP no salary.
After a Johnson vs DWP court case, it was decided that UC has to change how this is calculated as it affecting claimant cash flow and also they loose on Work allowance. This new regulations came into effect on 16th of November.
I was affected by this 2 salaries in one AP on two different occasions after 16th of November. Both times I asked UC for Mandatory reconsideration. Decision maker came back with decision, that Johnson vs DWP case doesn’t apply to me, because it applies only when a claimant’s earnings are either reported late or they are paid early due to weekend or public holidays.
i I’m believe this to be incorrect as amended regulations state:
(6) Where a person is engaged in an employment where they are paid on a regular monthly basis and more than one payment in relation to that employment is reported in the same assessment period, the Secretary of State may, for the purposes of maintaining a regular pattern, determine that one of those payments is to be treated as employed earnings in respect of a different assessment period.
I did appeal to the tribunal, but that is taking up to 6 months to have hearing.
My financial situation is affected by this greatly, as some months my UC award is only £300 opposed to normal award of £1200 and I can’t pay my bills.
What should I do next please to have this resolved quicker.
thanks for your help
I’m single mum in full time employment claiming UC. My salary is paid monthly on last Friday of the month. My UC AP runs from 30th of the month to 29th of the following month. Because how my salary is paid some months I receive two salaries in one AP and then following AP no salary.
After a Johnson vs DWP court case, it was decided that UC has to change how this is calculated as it affecting claimant cash flow and also they loose on Work allowance. This new regulations came into effect on 16th of November.
I was affected by this 2 salaries in one AP on two different occasions after 16th of November. Both times I asked UC for Mandatory reconsideration. Decision maker came back with decision, that Johnson vs DWP case doesn’t apply to me, because it applies only when a claimant’s earnings are either reported late or they are paid early due to weekend or public holidays.
i I’m believe this to be incorrect as amended regulations state:
(6) Where a person is engaged in an employment where they are paid on a regular monthly basis and more than one payment in relation to that employment is reported in the same assessment period, the Secretary of State may, for the purposes of maintaining a regular pattern, determine that one of those payments is to be treated as employed earnings in respect of a different assessment period.
I did appeal to the tribunal, but that is taking up to 6 months to have hearing.
My financial situation is affected by this greatly, as some months my UC award is only £300 opposed to normal award of £1200 and I can’t pay my bills.
What should I do next please to have this resolved quicker.
thanks for your help
