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TOPIC: Social Security Regs 1988 reg 5 (1) and (2)

Social Security Regs 1988 reg 5 (1) and (2) 1 month 3 weeks ago #171084

I have received the DWP reply to the Appeal Courts today and the above subject is confusing me. Could anyone explain this in layman terms for me:) I am assuming that DWP advising the courts of this reg is a negative for the claimant? Does this mean they are requesting that no arrears are paid or that when i pointed out they had placed me in the same group as before but not paid me the rate as before, they are now saying if i was placed in support, they would consider that payment as a final payment? CONFUSED!
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Social Security Regs 1988 reg 5 (1) and (2) 1 month 3 weeks ago #171086

  • Gordon
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Sharon

From what I can see these Regs state that any decision of monies owed resulting from a new Decision must take into account the monies paid during the relevant period. As an example; if you been found Fit for Work and while waiting for an appeal had claimed JSA and then ESA at the Assessment rate, then these payments would have been deducted from any owed back payments if the appeal placed you in the WRAG or SG. See

www.legislation.gov.uk/cy/uksi/1988/664/made

Looking back at your previous posts your appeal seems to be in regard a reduction in your ESA payments, were you able to find out why the deduction occurred?

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Social Security Regs 1988 reg 5 (1) and (2) 1 month 3 weeks ago #171110

Hi Gordon

My appeal is to be placed from WRAG to Support. The DWP removed the local JCP provision and placed me in the hands of Ingeus 22 miles away. When they sent the normal notification of income letter, i was so stressed with everything i didnt check the details properly and then when i did, i found that they had reduced my disability payment...when i called them a few weeks later, they gave me a payment for the shortfall? It wasnt an overpayment, it was an underpayment they made a mistake with? Thanks Gordon
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Social Security Regs 1988 reg 5 (1) and (2) 1 month 3 weeks ago #171141

  • Gordon
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Sharon

In that case I think the reference is a standard one and is confirming that should your appeal be successful then you would be entitled to back payment of the difference between the SG rate and the WRAG rate.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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