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SDP Official arrears and migration to UC from ESA support group (+ PIP)

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3 days 20 hours ago #305115 by Jen
I was informed that I was owed a considerable back pay in SDP in April this year which I have received from the ESA. The £ has taken my savings over £16K. I received a vague letter saying that as it was an official error over £5K it 'may' be disregarded - the lady who informed me said it was disregarded for the length of my claim, and would port to UC.

I've since received my migration UC notice (deadline July 30th) I contacted 'Help to Claim' today for advice online and was told that the back pay would be disregarded for 12 months, then I would be unintitled to UC (unless I spent the money.) I have sat for hours on hold to ESA and again got 2 very different responses - the first said it was indefinite and that they'd send a letter detailing this (never received.) When I chased this up with them, the 2nd person claimed they couldn't advise me. I was then shunted over to the UC claim line - this guy again said I would have 12 months, but after this it would be 'looked at by a decision maker.' This guy then pressured me to migrate immediately to UC - his logic was that 'the ESA could cut you off as your savings are over £16K' I re-explained that the ESA had paid me back this money, but got nowhere.

This is driving me nuts, and I just need some clarification on what the right thing is to do and where I stand. Many thanks Jen

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3 days 19 hours ago #305117 by David
Hi Jen

You said "the lady who informed me said it was disregarded for the length of my claim, and would port to UC"
....and she was right ( see below )


EXPLANATORY MEMORANDUM TO THE SOCIAL SECURITY (TREATMENT OF ARREARS OF BENEFIT) REGULATIONS 2018 2018 No. 932


www.legislation.gov.uk/uksi/2018/932/pdf...siem_20180932_en.pdf

6.4 In respect of UC, this instrument provides that any benefit arrears or payment made to compensate for arrears due to the non-payment of benefit, of £5,000 or more which are received whilst a claimant is getting UC, or were received during an earlier award of a legacy income-related benefit and the claimant migrated to UC within one month of their earlier award ending, and would have been disregarded, or were disregarded, in respect of the earlier award (as a result of official error or an error on a point of law), will benefit from the extended disregard until their current UC award ends.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jen

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3 days 17 hours ago #305127 by Jen
Dear David
Many thanks for your reply. I shared this with the Citizens Advice 'Help To Claim' and also ESA and UC. The citizens Advice bloke shared another government doc :
assets.publishing.service.gov.uk/media/6...6feeda0193/admh2.pdf

ADM Chapter H2: Capital Disregards, page 15::
Arrears and concessionary payments of £5,000 or more H2092  Where 1. a person has received a payment of arrears of, or compensation for non-payment of arrears of benefit or AFIP1 of £5,000 or more and 2. the payment
2.2 was received during an award of an existing benefit or SPC (the earlier award) and the claimant became entitled to the current UC award within one month of the date of termination of the earlier award and the payment was disregarded from the calculation of the claimant’s capital for the purposes of the earlier award and 3. the period of entitlement to benefit or AFIP to which the payment of arrears or compensation relates, begins before the first day on which the abolition of existing benefits comes into force the payment is disregarded for a period of 12 months from the date of receipt of the payment or until the termination of the current award, whichever is the later3. Example 1 1 UC(TP) Regs, reg   10A(3); 2 reg 2(1);   3  reg 10A

He typed this: 'The excess £ will be disregarded for 12 month, Basically you will need to bring your savings below £16,000 in the next 12 months otherwise your benefits will stop. In the next 12 months, at any point if your capital falls below £16,000 then you will need keep it under £16,000. If it goes down then it cannot come back up otherwise your benefits will also stop.'

When I shared the same link you shared with me, this guy admitted that he was confused also. I was told to come back to them after I'd clarified with ESA, which as I've said , was impossible to get a definite answer.

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2 days 19 hours ago #305215 by David
Hi Jen

You said --this guy admitted that he was confused also-- not surprising as he forgot or overlooked to read the rest of the sentence quoted below--

*******or until the termination of the current award, whichever is the later*******

The current award refers to UC. So

So the " EXPLANATORY MEMORANDUM TO THE SOCIAL SECURITY (TREATMENT OF ARREARS OF BENEFIT) REGULATIONS 2018 2018 No. 932" is correct.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jen, soulgal

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2 days 1 hour ago #305257 by Jen
Hi David
Many thanks again for your sane and measured response in this madness.
OK, so my UC award shouldn't cease after 12 months and the capital (from the SDP backpayment) is disregarded indefinitely / until my UC claim ends?
I desperately need to move to a more suitable flat for my disabilities, and can not apply for mortgages without this being unclear
Best wishes Jen

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1 day 23 hours ago #305267 by David
Yes that is correct. Unfortunately you may have to quote the Explanatory Memorandum to people ( eg Council Tax ) as there is a lot of misinformation online about " 12 months ".

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jen

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