What can I do? I have been told to pay back nearly £1000
Q. During March 2020, I started a claim for Universal Credit as I was out of work due to the pandemic. At the same time I moved in with my granny to look after her as she was very unwell.
A friend told me I could claim the benefit Carers Allowance, which I did successfully. I also contacted the Universal Credit team via my online journal and told them about my change in circumstances (moving in with my gran to care for her) and without knowing about it, my Universal Credit gained a carer’s element.
My granny unfortunately passed away shortly after I moved in with her and I informed the Department of Work and Pensions that I was no longer caring for my granny and the carer’s allowance benefit stopped. I also made a note in my UC journal that my granny had passed away.
My UC payments went up slightly but I did not think to check my payments or my monthly statements. I started a new job in February this year and informed UC straight away of my new start date.
My UC stopped but I was asked if I still cared for someone and I replied no. I did not think anything of this until I received a benefit decision letter stating that there had been an overpayment of the caring element with Universal Credit – I did not even know I was in receipt of this!
I have now to pay back almost £1000. I am not happy with this as I was never told that I would be receiving this additional payment within UC and secondly I told UC that my granny had passed away – why did they not make that distinction? What can I do?
A. There are differences between Carer’s Allowance and the carer’s element within UC. The amount of carer’s allowance you received would have been taken off the standard allowance of the carer’s element which would mean that you would be receiving the same amount of money.
If you were never informed of this and a benefit check was never carried out on your circumstances to back up your claim then you may have a case to argue.
You also have to be aware of the eight-week rule regarding carer’s allowance after someone you care for dies. This means that even though the person you care for passes away you are still entitled by law to receive carer’s allowance for up to eight weeks.
You therefore have to ensure that the overpayment amount is correct.
I would advise you to start the appeals process straight away as there are time constraints and you normally have only one month to start it.
The first part of the appeals process is a mandatory reconsideration – which can be done in one of four ways: Via your online journal; A CRMR1 MR form via GOV.UK;
Write to the DWP via the address on the benefit decision letter;
Phone the DWP via the telephone number on the benefit decision letter.
It would be advised to write in the online journal your name, address and NI number, the date of the decision letter and the specific reasons that you do not agree with this decision. You may also be asked to provide some evidence if required to do so.
The mandatory reconsideration will be passed for revision by a decision maker who may uphold or overturn the original award.
Q. I’m looking for some employment termination advice. My contract was terminated early in mid-November. I was put on gardening leave immediately and was told that I had to be at my desk during normal working hours to handle any potential queries (which I have in writing).
However, I had three to four weeks of holiday scheduled during my notice period. When I asked if I would be paid for my holidays which weren’t taken, I was told no. Since I was told that I had to be at my desk during normal working hours, I wasn’t able to take a holiday.
I wanted to check that my previous employer acted in line with the law. The law and my contract both state that I’m entitled to a certain amount of time off, but I was told I had to be at my desk in my termination letter. At no point was I told that I was still able to take my holidays.
Any advice on whether this situation was appropriate or not would be greatly appreciated.
A. It would be advisable to check your employment contract. The notice period will be stated in your contract. You should also check any redundancy payment was correct if you were entitled to a payment.
If your employer offered you garden leave then you were not required to be at work or your desk. You’ll still get the same notice pay if your employer says you don’t have to work your notice period. You’ll also still get work benefits, for example pension contributions, unless your contract says your employer can leave them out. Not having to work your notice period could mean either:
You’re paid as usual until the end of your notice period, but you don’t have to come to work – this is called garden leave;
You get all your notice pay at once and your job ends straight away – this is called pay in lieu of notice, or PILON.
You’ll be paid at your usual times and pay your usual tax if you get garden leave. You’ll also keep any work benefits, such as pension contributions or personal use of a company phone.
Your job won’t end until the end of your notice period, even though you don’t have to come to work.
This will increase your redundancy pay if it means you’ll have completed another full year with your employer.
Your current employer can occasionally ask you to come into work while you’re on garden leave.
This means you shouldn’t start another job in your notice period unless your existing employer agrees.
You can ask to take holidays during your notice period, but it’s up to your employer to decide if you can take it then. You’ll be paid for any holiday you have left over when you leave.
If you do go on holiday in your notice period you’re entitled to your usual wage. If you get contractual holiday, you’ll need to check what your contract says about holiday.
Your employer can tell you to use up any holiday you have left over. They need to tell you when to take the holiday, and they have to give you these dates at least two days in advance for each day of holiday.
For example, if they want you to take five days’ holiday, they have to tell you at least 10 days in advance.
Check your contract, as this might change how much notice your employer needs to give you.
Q. I have been separated from my husband for a number of years . He had many personal problems including addiction. He had run up debt both in his own and our joint names. Since I have been separated from him, he has stayed with friends and family and also spent some time abroad.
I have, however, allowed some of his correspondence to be sent to the house because he did not have a fixed address. He was also temporarily in a homeless unit but now has his own house.
South Lanarkshire Council are now asking for proof that he has not lived with me for the last seven years or they have indicated that they will ask me to repay the Council Tax discount I have received from these years.
A. It might be useful to know what exactly South Lanarkshire Council need as proof as they have indicated that a letter from your husband is not sufficient evidence.
You may need to supply them with addresses that your husband was staying at so they can check if he was paying council tax at these addresses. The council may also look for banking letters or benefit awards, perhaps even your husband’s payslips with his address on them.
You could ask the council if letters from your husband’s friends and family and copy of passport for dates that he was out of the country would be acceptable.
The council have the right to seek this information for the purposes of reviewing discounts and reductions.
PLEASE NOTE: Rutherglen and Cambuslang Citizens Advice Bureau currently is open for telephone/ e-mail advice Monday to Friday from 9.30am until 3pm.