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ADP lump sum backpayment

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7 months 1 week ago #290079 by Karen
ADP lump sum backpayment was created by Karen
Hi. I recently transferred over from PIP to ADP and requested a review as my needs have changed. I have now received the decision which has increased my mobility component and also given me the daily living component for the first time. Hooray! The award has been backdated to July 2023, so I have also received a significant lump sum back payment. This amount takes me very close to the 'savings' limit of £16000, which if exceeded would mean I lose my ESA and UC. This has terrified me. If I lose them and have to rely on my ADP to live, even with the lump sum my money would deplete pretty quickly and then at some point not far off I would have to start all over again with claiming benefits. In the meantime I would lose all the associated help I get because of my benefits, such as social support each week. I think I would either lose that or have to pay for it, which would see my savings disappear. I have only found one mention of the situation where a lump sum puts one in this situation; the Scope charity says that these payments are not counted as savings for one year. However their information just covers England &Wales, not Scotland where I live, and I cannot find this information on the mygov.scot site or the gov.uk site either. I expect it is there somewhere but I can't find it. I have never been dishonest when informing UC and ESA of anything and I won't be on this either, but I would really appreciate some clarity on this question before I tell them of my change of circumstances. I need time to sort out what I am going to put this money towards, things like a scooter and other aids. If I lose my benefits then those things will not happen. It feels like Catch 22 at the moment. Thank you very much.

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7 months 1 week ago #290110 by Gordon
Replied by Gordon on topic ADP lump sum backpayment
K

Although you are in Scotland the legislation for your ESA and UC covers England, Wales and Scotland, so the back payment will be disregarded for 52 weeks.

Also, if you are receiving UC and ESA then the ESA must be what is called Contribution Based and is therefore unaffected by your savings and would continue in payment even if you were deemed to have exceeded the £16,000 limit.

Gordon

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