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IR - ESA Severe Disability Payment Error
- Caledoniansmurf
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2 months 3 weeks ago #293681 by Caledoniansmurf
IR - ESA Severe Disability Payment Error was created by Caledoniansmurf
Hello
After recent carfuffle's with PIP and a failed Tribunal, it seemed that our (joint) claim of Legacy IR-ESA had been missing a Severe Disability Premium.
Imagine that, the DWP not noticing they were underpaying 🤨🤣
Long story short, an alleged form that disappeared to the land of missing DWP paperwork, three phone calls with over 1 and a half hours waiting each... a form was completed over the phone and the lady I spoke with confirmed we were correct and they (the DWP) made a mistake and we were due the premium and would also get backpay.
This, although being wonderful news, has raised another issue..... That of savings...
We have none at the moments but if we receive the backpay we are due it would be well over the £16,000 higher limit.
Does this mean it would end our ESA? If it does we would then have to live of the money and then claim UC, so lose any payment protection we had.
We have been given conflicting advice, I am waiting to speak with our CAB, but was wondering if any nice peeps or Admins/Moderators had any experience of this?
After recent carfuffle's with PIP and a failed Tribunal, it seemed that our (joint) claim of Legacy IR-ESA had been missing a Severe Disability Premium.
Imagine that, the DWP not noticing they were underpaying 🤨🤣
Long story short, an alleged form that disappeared to the land of missing DWP paperwork, three phone calls with over 1 and a half hours waiting each... a form was completed over the phone and the lady I spoke with confirmed we were correct and they (the DWP) made a mistake and we were due the premium and would also get backpay.
This, although being wonderful news, has raised another issue..... That of savings...
We have none at the moments but if we receive the backpay we are due it would be well over the £16,000 higher limit.
Does this mean it would end our ESA? If it does we would then have to live of the money and then claim UC, so lose any payment protection we had.
We have been given conflicting advice, I am waiting to speak with our CAB, but was wondering if any nice peeps or Admins/Moderators had any experience of this?
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- Gary
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2 months 3 weeks ago #293702 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic IR - ESA Severe Disability Payment Error
Hi Caledoniansmurf
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 UC.
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.
I know many claimants who receive a large backdate set up funeral plans. You can do what ever with your savings as you please, but remember DWP could treat your spending as Notional Capital.
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 UC.
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.
I know many claimants who receive a large backdate set up funeral plans. You can do what ever with your savings as you please, but remember DWP could treat your spending as Notional Capital.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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