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SX141218C

Muhammad Asif And Shakila Asif

111 Couchman Road www.gov.uk
BIRMINGHAM
B8 3SR Telephone: 0800 328 5644
Textphone: 0800 328 1344

This is your Mandatory Reconsideration 31 March 2023

Notice
✁✂✄✁ ☎✆✆✝✁✞ ✟✠✟✡☛ ✟☞ ✆✌✍ ✞✁✎✡✏✡✆☛ ✆☛ ✑✆✌✍ Universal
Credit
We have made a decision
Dear Muhammad And Shakila
about your Universal
On 27 February 2023 you asked us to look again at the decision Credit.
we made on 23 February 2023 about your Universal Credit. This is your Mandatory
Reconsideration Notice.
We have looked at the evidence used to make the decision and It explains the decision
any new information you may have given us. we have made.
If you still disagree, you
We have decided we cannot change our original decision. can appeal to an
independent tribunal - see
Our decision details at the end of this
The decision maker has looked at the evidence again and their letter.
decision is set out below. Please keep this letter
safe as you will need it if
you want to appeal.
If you have any questions
about this letter, or you
need it in large print, Braille
or audio, please contact us
on the number at the top of
this letter.

UCD477
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Mandatory Reconsideration Universal Credit

I am unable to revise the decision dated 23 Feb 2023, which decided that you have been
overpaid £555.72 of Universal Credit (UC) from 24 Dec 2022 to 23 Jan 2023. This is
because £1,025.40 had to be taken into account for your Universal Credit entitlement
because of self-employed earnings information received from you.

Details of the Original Decision

On 24 Jan 2023, it was decided that you had a UC entitlement of £776.76 for the assessment
period (AP) 24 Dec 2022 to 23 Jan 2023., and employed and self-employed earnings included
in your UC entitlement as follows:

Earnings reported by employer ✁✂✄☎✆✂✝✞ - £1,827.61

Self-employed earnings reported by Muhammad - £15.00

((£1,842.61 - £344.00 work allowance) X £0.55 earnings taper)

The first £344.00 of your take-home pay doesn't affect your Universal Credit monthly amount.
Every £1.00 you earn in take-home pay over this amount reduces your Universal Credit by 55
pence.

Total income used for Universal Credit calculation - £824.24

The earned income amount was based on a Real Time Information (RTI) feed from HMRC, and
from Muhammad, notifying that these earnings were reported within this assessment period.

Details of the change in Entitlement

On 23 Feb 2023 a decision was made that self-employed earnings of £1,025.40, should be
included in 24 Dec 2022 to 23 Jan 2023

As a result of this decision your entitlement for the period 24 Dec 2022 to 23 Jan 2023, was
recalculated to include the earnings, reducing your entitlement for this period from £776.76 to
£221.04, creating an overpayment of £555.72.

Details of the Mandatory Reconsideration

On 27 Feb 2023 you first asked us to look again at the original decision of 23 Feb 2023.

You are disputing the overpayment as UC has taken into consideration income from an
employer which is incorrect as Muhammad is not employed. This is causing financial hardship
as rent, bills, food is paid from your self-employed income. HMRC are investigating this matter
and as they were notified of this since May 2022.

Mandatory Reconsideration Decision

I have looked again at the facts and evidence in this matter. I have considered all the evidence
and information available and consulted departmental systems. I have also reviewed history
notes and the journal message conversations between you and other UC staff, and the
information contained.

UCD477
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The overpayment has come about, not due to employed earnings reported by an employer, but
due to Muhammad initially making a mistake on his self-employed earnings, when he completed
the report your income and expenses to-do.

On the 24 Jan 2023, Muhammad reported his income as £520.00, expenses as £505.00, which
left a balance of £15.00.

Your UC was calculated and paid to you based on this information and the employed earnings
from Domino✝ ✞.

Then on the 14 Feb 2023, there is a note on your claim to say that the report your income &
expenses to-dos for the periods 24 Nov 2022 to 23 Dec 2022 and 24 Dec 2022 to 23 Jan 2023
had been reopened as Muhammad, has submitted these incorrectly by mistake.

On 20 Feb 2023 Muhammad recompleted the to-dos and for the AP 24 Dec 2022 to 23 Jan
2023 he reported his Income as £1,350.00, expenses £324.60, leaving a balance of £1,025.40.

As Muhammad✝✞ amendments changed the balance, which was higher than the original self-
employed earnings reported, your UC needed to be recalculated, using the correct information.
However, as Muhammad ☎ ✆✝✁ rectify the error until after the AP had ended and UC had been
awarded, this is what has caused the overpayment.

You raised the dispute as you have said that you are not employed, however, just to be clear, the
overpayment was caused due to Muhammad, correcting his self-employed earnings at a later
date.
However, I can see that since the start of your claim, employed earnings have been coming
through to UC from HMRC, from the employer MONTE LAGUNA 2 LIMITED (trading as
Dominos). These earnings have been considered in each of your UC awards, and I can see a
journal message dated 16 Feb 2023, has addressed this. So, in conclusion I can understand that
you had thought the overpayment was due to employed earnings.
However, this will need to be looked at separately and raised with our RTI (Real Time
Information) support team, who will contact HMRC direct. I will contact your case manager to
raise the dispute.
As such the overpayment does stand. By Muhammad✝✞ own admission he had made an error in
the first income & expenses report, and you have not disputed the amounts recorded. Therefore,
I am satisfied that the self-employed earnings have been reported correctly.

Outcome of Reconsideration

Therefore, I am satisfied that the original decision is correct that, for the assessment period 24
Dec 2022 to 23 Jan 2023, self-employed earnings of £1,025.40 had to be taken into account for
your Universal Credit entitlement. This is because of earnings information received from you.

Current legislation in relation to UC gives DWP authority to recover overpayments made to

claimants regardless of whether the overpayment was caused by DWP. Any payment of
Universal Credit made in excess of entitlement is a recoverable overpayment, regardless of how
the overpayment was caused. This is because there is a duty to protect public funds and an
obligation, wherever possible, to ensure that an overpayment is recovered.

Therefore, the overpayment of £555.72 is recoverable.

UCD477
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The law used to make this decision

The Universal Credit Regulations 2013 regulations 6, 52, 54(1), 55,57,58,61

Welfare Reform Act 2012 c. 5
The ✁✂✄☎✆✝✞✟ ✠✆☎✡✂☛☞ ✌☎✆✝✍✁✞✟ ✎✁✡☎✏☎✁✡☎✁✑☎ ✌✞✒✓☎✁☛☞ ✔✍✕✝☎☎✖☎✆✗✝ ✘✟✟✍✙✞✁✑☎ ✞✁✡
Employment Support Allowance (Decisions and Appeals) Regulations 2013 regulations 5,
7, 8
Social Security Act 1998 Sections 8 10
Social Security Administration Act 1992
Social Security (Overpayment and Recovery) Regulations 2013

More information
If you need more information about this decision contact us
using your journal or the phone number at the top of this letter.

If you disagree with this decision you have the right to appeal
which means this decision will be looked at again. The next page
will give you more information on how to do this.

Yours sincerely,

Office manager

UCD477
Page 4 of 5
If you still disagree with our decision
You can appeal to the Social Security
and Child Support Tribunal.
This tribunal is independent from DWP. It
will make an impartial decision on your
entitlement to Universal Credit. You need
to appeal within one month of the date of
this letter.
How to appeal
Go to www.gov.uk/appeal-benefit-
decision This website explains how to
appeal, and if you can appeal online. If you
need to appeal by post, you will also be
able to download an appeal form.
If you appeal by post, make sure you
include a copy of this letter. The address
to post it to will be on the appeal form
If you need help to appeal
✂
✁ ✂ ✄ ☎✆ ✆✝✁ ✝✂ ✂✆✞☎✆✟✠ ✂✡ ✆✟✟ ✂✁☛✟✡ ☛✟✞☞
and support, you can call the following
telephone numbers depending on where
you live.
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Telephone: 0300 123 1142
Monday to Friday, 8:30am to 5pm
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Telephone: 0300 790 6234
Monday to Friday, 8:30am to 5pm
Other benefits
To find out what you may be able to claim,
go to www.gov.uk/benefits-calculators
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UCD477
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