DWP refusal to use other evidence to determine earnings when Real Time Information is wrong

You can use this template if all of the following apply:

• Your client receives universal credit
• Your client is employed and their earnings are reported via the Real Time Information (RTI) system
• The RTI report is wrong (not due to earnings received early due to a non-banking day)
• Your client has been unsuccessful in challenging DWP's calculation of their earnings

When not to use

Do not use this template if:

• Your client is self employed or not paid through PAYE
• Your client has not provided strong evidence of their actual earnings
• Your client has not already asked DWP to revise their award without success

Under reg 61(2) Universal Credit  Regulations 2013 (UC Regs) the amount of a claimant's earnings is to be based on the information which is reported to HMRC under the PAYE Regulations (the RTI), except under reg 61(3)(b) where it appears  that the amount of a payment reported to HMRC is incorrect, or fails to reflect the definition of employed earnings in reg 55 UC Regs in which case under reg 61(4) such information or evidence as the Secretary of State thinks fit must be used instead. DWP guidance 'Real Time Information' lists under 'disputed earnings' wage slips or bank statements as appropriate supporting  evidence.

Information about your client

• name
• address
• national insurance number (NINO)
• date of birth

Background facts

Such as:

• family situation
• housing details
• any health difficulties or disabilities your client has
• details of your client's job, hours worked, how paid and if pay varies, how and why
• what financial hardship your client is experiencing as a result of the underpayment
• any risk that your client will be unable to afford to pay for their housing, heating or food, any need to use food banks
• any detriment to your client's health and welfare or to any of their family members' health and welfare

Information about the decision

• the reason for your client's request, including the relevant law
• the evidence your client has provided to the DWP to support their request and how DWP responded, including dates
• dates of all relevant contacts and decisions
• whether and when your client notified the DWP of their hardship, and how and when the DWP responded, including dates

We've created this guide to help you successfully use our judicial review pre-action letter templates: Guide to using CPAG's judicial review pre-action letter templates

Once you've finished your letter, please email it to us at: [email protected] before you send it to the lawyers acting for DWP/HMRC/your local authority. We'll try to reply as quickly as possible and will do so within 7 days.

Earnings

Johnson (non-banking day shift) DWP advice: Claimants should post something on their UC journal asking for an RTI dispute to be raised and for the RTI dispute team to apply reg 61(6) UC Regs 2013 so that one monthly wage is assigned to a different assessment period. While it is not an RTI dispute it appears to be the RTI dispute team who will deal with re-assignment. If having posted on their journal, the payment is not reassigned within a reasonable period (not defined) please contact [email protected]