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Missing Cost of Living Payments & UC (2023)
A colleague of mine has had a request for COL payment refused as the DWP are saying that the month’s backdate (awarded on revision) does not change the later assessment period and the payment is “merely” a backdate, and that there is no right of appeal and UC suggest he help his client contact his MP if he wishes to complain.
A colleague of mine has had a request for COL payment refused as the DWP are saying that the month’s backdate (awarded on revision) does not change the later assessment period and the payment is “merely” a backdate, and that there is no right of appeal and UC suggest he help his client contact his MP if he wishes to complain.
Section 1 of the Social Security (Additional Payments) Act 2023 reads:
(1)The Secretary of State must secure that—
(a)a single payment of £301 is made to any person who has a qualifying entitlement to a social security benefit in respect of the first qualifying day…
The first qualifying day is specified by the regulations as 25 February 2023. I don’t see where DWP believe there’s leeway for them not to award the payment based on “backdating” if that date is indeed covered by the award (the appellant argued persuasively in AM v SSWP that this does not entail a separate decision, rather that the claim is extended backward by the decision-maker - there’s effectively no break in the claim/period).
One of our two referenced clients was a “backdating”-entitled client similar to yours, and she has gone on to receive her COL payment now following our representations to a senior manager in DWP we work with. Our other client initially had no entitlement during the first period, which was subsequently revised upon LCWRA award - I believe she’s had hers too following the same intervention.
I’d be interested to see how the First-tier Tribunal handled an appeal notice. As far as I understand it, the Act does not specifically provide for MR/appeal but neither does it appear to specifically exclude this either; whereas claimants clearly have a right to a fair hearing, etc.
CPAG have prepared a template judicial review pre action letter in response to this thread, challenging refusal to pay the Spring 2023 COLP due to UC having been backdated or awarded following revision/appeal, and failure to provide an effective method to challenge that refusal (you may spot some familiar wording from this discussion, I hope this is ok). It’s JR150 on this page: https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters/cost-living-payments.
Please let us know if it’s useful, and how DWP respond if you use it.
I have a client with a slightly different issue. She had a joint claim for UC with her former partner and separated from him in January. She made a new single claim for UC (single parent, works part time) on 29/01/23. Her assessment period for this is 29/01/23 - 26/02/23. UC have said that she isn’t entitled to a COL payment as her assessment period doesn’t end in the relevant period - 26/01/23 - 25/02/23. So she is one day out for qualifying. She has asked them to look at this again and they have still said no. Would she be entitled under her previous claim with her partner? Also this doesn’t quite fit with the regs quoted above, that she only needs to have been entitled to UC for one day in the qualifying period. Any suggestions?
Hi Polly T,
You need to be entitled to a payment between those dates. But she was entitled to a UC advance payment during those dates. When is a payment not a payment ?
The full list of benefit recipients that qualify for the upcoming Cost of Living payment are those who receive:
Universal Credit;
Income-based Jobseekers Allowance;
Income-related Employment and Support Allowance;
Income Support;
Working Tax Credit;
Child Tax Credit;
Pension Credit
The qualifying period for this payment is between 26 January and 25 February 2023.
To be eligible for the Cost of Living Payment, you need to have been entitled to a payment for one of these benefits between 26 January and 25 February 2023, or payment for an assessment period ending between these dates.
I am having the same problem with Pension Credit backdates- no cost of living payment paid to the client. Have phoned the Pension Service with the client several times, each time have been promised it will be escalated to the appropriate team who will phone the client- but then no call. Have now written to the Pension Service but no response as yet. So frustrating.