BENEFITS EXPERT: Can I swap roles with partner to be our child’s main carer?

A. In this situation then it is permissible to switch roles (you can normally only do this once a year unless there is a change in your circumstances) so that you no longer have to meet Universal Credit commitments as a job seeker. Remember also with Universal Credit there is no minimum or maximum number of hours you must work each week in order to claim the benefit (unlike Tax Credits, Income Support, etc). All that is used in order to assess your monthly entitlement is details of your assessable income (wages, certain benefits, etc). in your assessment period.

You should also note that although your partner is in work she may still have to meet commitments in order to receive the benefit and these will be discussed with the work coach at the job centre.

Q. I have been overpaid Universal Credit even though it was not my fault, my employers reported incorrect information about my earnings. They have advised me I cannot appeal even though this was not my fault, is this correct?

A. The rules for overpaid Universal Credit do differ to those of the legacy benefits it replaced. Generally speaking all decisions to recover overpaid Universal Credit can not be appealed but you can appeal if you believe the amount of overpaid benefit was incorrectly calculated or that you were not overpaid. So using your example if your employer reported to the DWP your gross earnings for an assessment period but you were actually paid your normal net amount and can prove this then the overpayment will have been incorrectly calculated and you can appeal on this basis. However if you reported a change either via your online journal or at a benefits office and the information was not acted upon in time then this overpayment will normally be recoverable and you cannot challenge it on the basis that you were not at fault.