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PIP lump sum payment under the Leap review
- Gaddy
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4 years 2 weeks ago #258195 by Gaddy
PIP lump sum payment under the Leap review was created by Gaddy
Hello Mods,
I would appreciate some clarification on how a lump sum payment made under the Leap review process is treated in regards to capital when over 6k.
The DWP currently make the appropriate adjustment to my IR ESA as I have savings over the 6k threshold. Last year I received a 3k lump sum payment relating to the LEAP review- not without a fight I might add- and so far it has been disregarded .
As a year is now up since I received this and I still have 2k of this sum left will I now have further stoppages to my benefit as this is now viewed in the same way as my existing capital?
As the DWP misapplied the law in the first place hence the review do they have to ignore the payment for the duration of my claim?
Your clarity on this would be much appreciated,
Thank you,
Gaddy
I would appreciate some clarification on how a lump sum payment made under the Leap review process is treated in regards to capital when over 6k.
The DWP currently make the appropriate adjustment to my IR ESA as I have savings over the 6k threshold. Last year I received a 3k lump sum payment relating to the LEAP review- not without a fight I might add- and so far it has been disregarded .
As a year is now up since I received this and I still have 2k of this sum left will I now have further stoppages to my benefit as this is now viewed in the same way as my existing capital?
As the DWP misapplied the law in the first place hence the review do they have to ignore the payment for the duration of my claim?
Your clarity on this would be much appreciated,
Thank you,
Gaddy
The following user(s) said Thank You: shay
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- Gary
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4 years 2 weeks ago - 4 years 2 weeks ago #258227 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP lump sum payment under the Leap review
Hi Gaddy
Arrears or an ex-gratia payment are disregarded for 52 weeks after you get them.
If arrears are to compensate for an official error or an error on a point of law are £5,000 or more, they can be disregarded until the end of your award of the means-tested benefit.
ESA Regs, Sch 9, para 11; IS Regs, Sch 10, para 7
As you award was under £5k then the disregard would be for 52 weeks.
Gary
Arrears or an ex-gratia payment are disregarded for 52 weeks after you get them.
If arrears are to compensate for an official error or an error on a point of law are £5,000 or more, they can be disregarded until the end of your award of the means-tested benefit.
ESA Regs, Sch 9, para 11; IS Regs, Sch 10, para 7
As you award was under £5k then the disregard would be for 52 weeks.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 2 weeks ago by Gary.
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- Gaddy
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4 years 2 weeks ago #258228 by Gaddy
Replied by Gaddy on topic PIP lump sum payment under the Leap review
Thank you Gary for answering my question, much appreciated as always.
Gaddy
Gaddy
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