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PIP backdated benefits and capital limits for IRESA/UC
- HWstockport benefits
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3 weeks 3 days ago #300635 by HWstockport benefits
PIP backdated benefits and capital limits for IRESA/UC was created by HWstockport benefits
Hello, I’m supporting someone who received a large backdated PIP payment over 12 months ago at that point they were in receipt of IRESA. Recently they have been obliged to migrate to UC. Should I help them to put a note on their journal explaining that the Savings over £6000 are resultant from this backdated payment and therefore should be disregarded indefinitely, as I understand the rules are that this is the case where the back payment was over £5000, but I am concerned that there is mention of this being indefinite until the award ends or similar and I’m wondering how that is affected by enforced migration to UC? Many thanks in anticipation.
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- Gary
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3 weeks 3 days ago #300653 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP backdated benefits and capital limits for IRESA/UC
Hi HW
Arrears of: UC, IB-JSA, IR-ESA, IS, HB, CTC, WTC, DLA, PIP, AA, AFIP, CB (Child Benefit), Guardian's Allowance, WDP (War Disablement Pension) are ignored for 12 months - or longer in some cases, as follows.
Certain lump sum arrears payments of £5000 or more that cover periods before the UC claim started are ignored for the lifetime of the UC claim.
This is where the arrears are due to official error or error on a point of law and they
* are received during the current UC award and would have been disregarded from the calculation of the claimant’s capital if the claimant were entitled to a legacy benefit, State Pension Credit or Housing Benefit for people over the qualifying age for State Pension Credit;
or
* were received whilst the claimant was on a legacy benefit before moving onto UC, the claimant moved onto UC within one month of their legacy benefit ending and the payment was disregarded as capital when their legacy benefit was calculated.
Regs here. www.legislation.gov.uk/uksi/2014/1230/regulation/10A
If the arrears were not caused by official error, or the payment was under £5,000, the disregard will end after 12 months. If at this point the claimant has savings / capital over £16,000, their entitlement to UC will end.
Gary
Arrears of: UC, IB-JSA, IR-ESA, IS, HB, CTC, WTC, DLA, PIP, AA, AFIP, CB (Child Benefit), Guardian's Allowance, WDP (War Disablement Pension) are ignored for 12 months - or longer in some cases, as follows.
Certain lump sum arrears payments of £5000 or more that cover periods before the UC claim started are ignored for the lifetime of the UC claim.
This is where the arrears are due to official error or error on a point of law and they
* are received during the current UC award and would have been disregarded from the calculation of the claimant’s capital if the claimant were entitled to a legacy benefit, State Pension Credit or Housing Benefit for people over the qualifying age for State Pension Credit;
or
* were received whilst the claimant was on a legacy benefit before moving onto UC, the claimant moved onto UC within one month of their legacy benefit ending and the payment was disregarded as capital when their legacy benefit was calculated.
Regs here. www.legislation.gov.uk/uksi/2014/1230/regulation/10A
If the arrears were not caused by official error, or the payment was under £5,000, the disregard will end after 12 months. If at this point the claimant has savings / capital over £16,000, their entitlement to UC will end.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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