Good morning

My last bulletin highlighted DWP’s plans to add 3,100 staff to its Enhanced Review team, bringing the total to nearly 6,000 strong. As explained, it intends to review 8 million current awards of Universal Credit, starting from April 2025, in the hope it can stem the rise in state benefit overpayments and fraud, which now stand at nearly £10 Billion per year.

Last week, I successfully represented in an appeal tribunal hearing, that addressed the Enhanced Review team’s mishandling of a case of a young couple, caring for two young children. They had made a claim for Universal Credit in October 2022 for themselves, the baby brother of the female partner, and their own child. The first child’s natural mother had 9 other siblings and was having difficulty coping, so her daughter volunteered to care for the youngest.

Initially, DWP awarded UC at the correct rate for a couple, supporting a baby, plus “housing costs”. Then, in April 2023 they received a message in their respective journals to the effect:

Hello,
This is the Enhanced Review Team contacting you about your claim to Universal Credit. We believe you are not entitled to receive Universal Credit because we have doubts about the legitimacy of your claim. Accordingly, we have suspended payment of your Universal Credit. To resolve this doubt on your claim to Universal Credit please contact 0800 328 5644 and ask to speak to the Enhanced Review Team. If we do not hear from you by 24/11/2023, your claim will be closed.  

So, having first suspended payment, in April 2023, DWP decided to remove the Child (CE) and Housing Cost elements (HCE) from their award, with effect from 21st October 2022 (date of original award) creating an overpayment of £8761 and immediately started recovering the alleged debt through monthly benefit deductions. The decision made no sense as HMRC had already awarded Child Benefit, the couple had satisfied another Decision Maker of their lawful entitlement and supplied no less than 13 types of documentary evidence, relating to their tenancy agreement, occupation of the property, rental charge, payments, child benefit award, etc.

My initial challenge via Mandatory Reconsideration secured the restoration of the HCE, a reduction of nearly £6000 in the alleged overpayment, and prevented the couple’s eviction from the property. Their award however was still missing the Child Element and earnings disregard this attracted, plus they were repaying the alleged £3000 overpayment.

The Tribunal hearing took 17 months to organise, mainly due to DWP not responding to Direction Notices. Before the date, I emailed the appointed Judge suggesting DWP’s decision-making was illegal, conflicting as it did with recent Upper-tier Tribunal rulings. The Judge who shared my concerns, asked DWP’s representative to address my submission. The representative agreed with my various points and recommended the Judge uphold the appeal, which she did, without hesitation, within 5 minutes of the start of proceedings. This resulted in the remaining £3000 overpayment being cleared and prior overpayment recoveries refunded.

DWP’s Enhanced Review team’s lack of experience and knowledge was the sole cause of this problem. Never, at any stage, did they contact me during the Mandatory Reconsideration or Appeal process. Had they done so, the case could have been put to bed, avoiding all the inconvenience and anxiety my clients encountered. I now have another case, of a similar nature, where the alleged overpayment amounts to £50K and the tenant is considering giving up his tenancy, rather than being evicted.

If your tenants experience anything similar, I’ll advise how best to tackle the problem. My contact details are bill@ucadvice.co.uk or phone me (details below).

Regards

Bill Irvine

UC Advice & Advocacy Ltd

Phone 07733 080 389 or 01698 424301