UC two payments in one single evaluation duration issue – what next?

UC two payments in one single evaluation duration issue – what next?

Since publishing our news that is recent article at the Johnson instance plus the two re re payments in one single assessment period issue, we've been overwhelmed with e-mails from people that are suffering from this dilemma. Right right Here, an update is provided by us on where things are after the Johnson instance and offer some tips on which individuals have to do next.


This year, a ‘two monthly wages in one assessment period’ issue can arise in universal credit (UC) for various reasons – most commonly when monthly wages are paid early due to the regular pay day being a non-banking day as explained, in our news piece from February. HMRC have actually granted guidance (see para 1.8) to companies to try to assistance with this presssing problem although not all employers might be alert to the guidance.

The tall Court choice in R (regarding the application of Johnson among others) v Secretary of State for Perform and Pensions [2019] EWHX 23 (Admin) looked over this issue and concluded, into the circumstances of this particular situations being challenged, that the Department for Perform and Pensions (DWP) was incorrect to incorporate income re re payments which would not relate solely to the particular evaluation durations.

Exactly exactly What next for ‘Johnson’ instances?

We realize that DWP have actually asked for leave to appeal the Johnson instance, nevertheless the decision regarding the tall Court is short for now. This means strictly, DWP must be using the Johnson ruling in instances involving comparable facts, nevertheless it appears through the email messages our company is getting that it isn't really taking place.

The little one Poverty Action Group (CPAG), who had been active in the Johnson situation, have actually posted exemplary home elevators how to proceed when you are in this example, including template letters to request a Mandatory Reconsideration from DWP and pre-action protocol for Judicial Review (JR), where appropriate.Read more