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What happens on ESA when savings £16,000 plus
- James9000
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4 years 8 months ago #238618 by James9000
Replied by James9000 on topic What happens on ESA when savings £16,000 plus
Hi Gordon, yes I was transferred from incapacity benefit to ESA and the letter says the back payment will be disregarded for one year.
I found the letter sent after my tribunal hearing and it said, "Accordingly he is entitled to Incapacity benefit credits from… Because he satisfies the assessment.". Nothing changed until being invited to apply for ESA.
Thank you
I found the letter sent after my tribunal hearing and it said, "Accordingly he is entitled to Incapacity benefit credits from… Because he satisfies the assessment.". Nothing changed until being invited to apply for ESA.
Thank you
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4 years 8 months ago #238624 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic What happens on ESA when savings £16,000 plus
James
Was the payment more than £5000?
The following is a briefing document from the Houses of Parliament
data.parliament.uk/DepositedPapers/Files...nts_FAQ_17.10.18.pdf
Scroll down to Will payments of arrears be disregarded for the life of the award?
Gordon
Was the payment more than £5000?
The following is a briefing document from the Houses of Parliament
data.parliament.uk/DepositedPapers/Files...nts_FAQ_17.10.18.pdf
Scroll down to Will payments of arrears be disregarded for the life of the award?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 8 months ago #238679 by James9000
Replied by James9000 on topic What happens on ESA when savings £16,000 plus
Hi Gordon thank you that is great to know. It's funny my back payment came in several payments of £3985, over consecutive days. I wonder if doing it like that triggered the automatic under £5000 payment explanation in the letter.
Am I right in thinking the Parliamentary briefing document, is a summary of the law, in the form of a briefing?
Thank you for your help.
Am I right in thinking the Parliamentary briefing document, is a summary of the law, in the form of a briefing?
Thank you for your help.
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4 years 8 months ago #238681 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic What happens on ESA when savings £16,000 plus
James
Yes, the briefing document is a summary of the relevant law. Whilst this situation is new the law governing it is not, basically the failure to assess Incapacity and SDA claimants for entitlement to Income Related ESA was classed as an error and therefore the normal rules for disregarding back payments do not apply.
If the total was more than £5000 but paid in smaller amounts then I would write to the DWP asking them to confirm that the total will be disregarded for the life of your ESA claim.
Gordon
Yes, the briefing document is a summary of the relevant law. Whilst this situation is new the law governing it is not, basically the failure to assess Incapacity and SDA claimants for entitlement to Income Related ESA was classed as an error and therefore the normal rules for disregarding back payments do not apply.
If the total was more than £5000 but paid in smaller amounts then I would write to the DWP asking them to confirm that the total will be disregarded for the life of your ESA claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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