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Official arrears payment from the DWP for severe disability
- Maxine Mewis
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5 days 22 hours ago #308179 by Maxine Mewis
Official arrears payment from the DWP for severe disability was created by Maxine Mewis
My daughter Joanne recently received a large payment from the DWP for arrears owed for severe disability premium.
The letter stated “This is classed as "official error arrears of £5000.00 or more" and may be disregarded as capital by the DWP under certain conditions. Does anyone know what these certain conditions might be? I’ve read on line “in the case of ESA Regulations, this payment is disregarded for 52 weeks or for the remainder of the award, whichever is the longer.” Is this true?
She had just migrated to universal credit which has caused her a considerable amount of anxiety and distress. I’ve had to take copies of her bank statements together with the letter she received from the DWP to Job Centre Plus to show how much money she has and I was told that it would be passed on to someone for consideration and they will let her know their decision in due course. She has to wait now for the outcome and, as she is in Mind supported living accommodation, she is worried that this may not be covered now in full because of the payment.
Thank you
The letter stated “This is classed as "official error arrears of £5000.00 or more" and may be disregarded as capital by the DWP under certain conditions. Does anyone know what these certain conditions might be? I’ve read on line “in the case of ESA Regulations, this payment is disregarded for 52 weeks or for the remainder of the award, whichever is the longer.” Is this true?
She had just migrated to universal credit which has caused her a considerable amount of anxiety and distress. I’ve had to take copies of her bank statements together with the letter she received from the DWP to Job Centre Plus to show how much money she has and I was told that it would be passed on to someone for consideration and they will let her know their decision in due course. She has to wait now for the outcome and, as she is in Mind supported living accommodation, she is worried that this may not be covered now in full because of the payment.
Thank you
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- latetrain
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1 day 16 hours ago #308296 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic Official arrears payment from the DWP for severe disability
Hi Maxine
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
Any payment you have received in the past 12 months to cover arrears (or compensation for the late payment) of the following is disregarded:
~ universal credit
~ a pre-Universal Credit means-tested benefit
~ maternity allowance, if you receive the arrears or compensation during the current universal credit award or while on a pre-universal credit means-tested benefit and were migrated onto universal credit within one month of the earlier benefit ending; or
~ any UK social security benefit not listed as taken fully into accounts income.
UC Regs, Sch 10, para 18,UC(TP) Regs, reg10B
A payment to cover arrears made to compensate for an official error or an error on a point of law which is £5,000 or more which would be disregarded from an award of a pre-universal credit means-tested benefited you receive during your universal credit award, can be disregarded until the end of the award. This also applies if you received such a payment while on a pre-universal credit means-tested benefit and were migrated onto universal credit within one month of the earlier benefit ending.
Any lump sum of transitional severe disability premium amount or ‘new style’ employment and support allowance special payment (made to compensate for errors in the way claims for the benefit were first handled) is disregarded for 12 months, or for the duration of the universal credit award (if longer).
UC(TP) Regs, regs 10A & 10C & Sch 2, para 7
We would advise you to seek help from your local Welfare Rights Organisation: advicelocal.uk
where they can take all your daughters circumstances into consideration.
Gary
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
Any payment you have received in the past 12 months to cover arrears (or compensation for the late payment) of the following is disregarded:
~ universal credit
~ a pre-Universal Credit means-tested benefit
~ maternity allowance, if you receive the arrears or compensation during the current universal credit award or while on a pre-universal credit means-tested benefit and were migrated onto universal credit within one month of the earlier benefit ending; or
~ any UK social security benefit not listed as taken fully into accounts income.
UC Regs, Sch 10, para 18,UC(TP) Regs, reg10B
A payment to cover arrears made to compensate for an official error or an error on a point of law which is £5,000 or more which would be disregarded from an award of a pre-universal credit means-tested benefited you receive during your universal credit award, can be disregarded until the end of the award. This also applies if you received such a payment while on a pre-universal credit means-tested benefit and were migrated onto universal credit within one month of the earlier benefit ending.
Any lump sum of transitional severe disability premium amount or ‘new style’ employment and support allowance special payment (made to compensate for errors in the way claims for the benefit were first handled) is disregarded for 12 months, or for the duration of the universal credit award (if longer).
UC(TP) Regs, regs 10A & 10C & Sch 2, para 7
We would advise you to seek help from your local Welfare Rights Organisation: advicelocal.uk
where they can take all your daughters circumstances into consideration.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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