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Income related esa and pension credit
- pat_burton80@hotmail.com
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3 years 7 months ago #263475 by pat_burton80@hotmail.com
Replied by pat_burton80@hotmail.com on topic Income related esa and pension credit
Hi Angel. I have been unable to get this verified by the dwp when I rang I was told that they are not able to send out this information and that I should ring Age uk. To get the information that I am looking for. Not what I was hoping for.
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3 years 7 months ago #263528 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Income related esa and pension credit
Hi samphire
In some cases, this payment is not counted as savings for one year and will not affect your income related or means tested benefits during this time, such as IR ESA.
However, where benefits have been underpaid because of:
* an official error
* an error on point of law
Any payments over £5,000 can be disregarded for the length of the claim or until the award ends.
As in your case you will be going from claiming one means tested benefit (IR ESA) to another (PCG) therefore the lump sum should be ignored but technically one awarded has ended.
I do not understand why DWP advised you to contact Age UK, personally I would contact PC helpline and ask the question and follow it up in writing (recorded delivery).
Gary
In some cases, this payment is not counted as savings for one year and will not affect your income related or means tested benefits during this time, such as IR ESA.
However, where benefits have been underpaid because of:
* an official error
* an error on point of law
Any payments over £5,000 can be disregarded for the length of the claim or until the award ends.
As in your case you will be going from claiming one means tested benefit (IR ESA) to another (PCG) therefore the lump sum should be ignored but technically one awarded has ended.
I do not understand why DWP advised you to contact Age UK, personally I would contact PC helpline and ask the question and follow it up in writing (recorded delivery).
Gary
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3 years 7 months ago #263553 by pat_burton80@hotmail.com
Replied by pat_burton80@hotmail.com on topic Income related esa and pension credit
Thank you for your reply Gary. I will follow this up and keep you updated.
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3 years 7 months ago #263556 by ANGELA
Replied by ANGELA on topic Income related esa and pension credit
Hi Samphire… The trouble with the DWP is that they are unaware of their own guidelines… maybe write to them (recorded delivery) and quote the guidelines you saw. Asking for them to pass it on to a manager so that you have it in writing. They are avoiding this as they don’t actually know….. aaaaargh….. xx
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3 years 7 months ago #263558 by ANGELA
Replied by ANGELA on topic Income related esa and pension credit
Official error arrears and compensation
[Legislation 32]
There are special rules if the amount of arrears or compensation is £5,000 or more and is to put right an earlier official error:
if your customer received the payment less than a year before they started to get Pension Credit it will be ignored for a year from the date they received it.
if they receive the payment while they are getting Pension Credit it will be ignored for as long as they continue to get Pension Credit.
if they were getting Income Support, Jobseeker’s Allowance, Employment and Support Allowance or Universal Credit immediately before they started to get Pension Credit, and the payment was ignored in that benefit, it will be ignored for as long as they continue to get Pension Credit.
assets.publishing.service.gov.uk/governm...-advisers.pdf#page41
Throw this at them. You will be fine
Thank you btw…. I now know for myself… I was wondering about this for further down the line xx
[Legislation 32]
There are special rules if the amount of arrears or compensation is £5,000 or more and is to put right an earlier official error:
if your customer received the payment less than a year before they started to get Pension Credit it will be ignored for a year from the date they received it.
if they receive the payment while they are getting Pension Credit it will be ignored for as long as they continue to get Pension Credit.
if they were getting Income Support, Jobseeker’s Allowance, Employment and Support Allowance or Universal Credit immediately before they started to get Pension Credit, and the payment was ignored in that benefit, it will be ignored for as long as they continue to get Pension Credit.
assets.publishing.service.gov.uk/governm...-advisers.pdf#page41
Throw this at them. You will be fine

Thank you btw…. I now know for myself… I was wondering about this for further down the line xx
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3 years 7 months ago #263594 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Income related esa and pension credit
Hi Angel
Thank you for the information and link, it has proved very useful.
Gary
Thank you for the information and link, it has proved very useful.

Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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