If you're receiving Universal credit & get a small refund from 2018/19 when employed will Universal credit deduct it from monthly benefit ? over to you Digging

A good question and one I've mulled over in the past myself.

I eventually took the line that when signing-on, it is taken from the last day you WORKED, not from when you were last paid. Therefore it is an income for the period you were working not the period after you were working, the important factor being "when was it earned" income.

It could also be taken as a repayment of a debt which would be obscure to call it "income" at the time it is paid back, albeit it was earned income when it was "loaned".

So basically I didn't fess up BUT the benefits people are renowned for making up rules as they go along so there is always a risk and even if you are right it can take over 9 months to sort it out.

The correct course of action is to tell them and let them decide, then appeal if you think they are wrong but of course you could lose 5 weeks of UC in between.

The above is assuming it was arrears for work (backpay, pay arrears etc), there may be a situation where it is unearned income in which case it would be difficult to say it wasn't income on the day you received it, being unearned the only date possible is the receipt date?

This is very much my own opinion, its up to you to decide for yourself. I should mention my case wasn't UC it was under the old benefits system.

Thanks Digging. Last month they deducted A miserable £4.10 which was overpaid Working Tax Credit so it may be that HMRC inform U.C anyway. Ive taken it as being an overpayment of tax as employment stopped in February & I think tax is calculated over a 12 month period. We wait with baited breath.Knew I could rely on a reply from you .Thanks

One of mine was a refund from the student loan company (overpaid repayments), which is very similar to a refund from overpaid tax, its a debt repayment and has no resemblance to income neither earned nor unearned imho

If its counted like a debt repayment , like you say , I don't think its counted. However if its arrears for work, it wouldn't surprise me if they just treat it with the "its the day the money hits your account" judgement .

Thanks everyone. Some holiday pay was delayed & that was then deducted from U.C so Im hoping they wont touch the tax refund .

I'd challenge your holiday pay decision, it is a payment in arrears for a period when you were still employed and was earned income.

Their own rules state holiday pay is counted as earned income, you most certainly did not earn it when you were unemployed.

Ask for a mandatory reconsideration on it and take it from there.

Didnt think of that Digging thanks again.Its worth querying

Update . After contacting U..C regarding holiday pay the following comment was received " Any payment from an employer will be deducted ftom UC during the UC assessment period it was received in the bank irrespective of what period it covered" . Still not sure on tax rebates .

Ask them for a reference to the section of law that states this ..... and do not accept any reference to guidelines, Universal Credit like all other benefits are governed by Laws not guidelines. If they do state a guideline, ask for a copy of the guideline (which they normally refuse).

You can also state the payment was from a "former employer" not an employer.