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Backpay from ESA and Universal Credit

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5 years 11 months ago #211184 by jace
Situation is, person disallowed ESA, MR and on to Tribunal. Meanwhile moves to UC area and claims UC with limited capability for work. Gets UC WRAG, and at the Tribunal hearing the fit for work decision is overturned to WRAG.

There was several weeks with neither ESA, JSA or UC, and several months without WRAG component. The person first claimed ESA before April 2017, claimed UC last October.

Two questions:
*how would any ESA backpay be treated by UC - as income for that month, as they've been told, or as disregarded capital as under the old system?
*having won the appeal, is their claim start date now when they first claimed ESA or is it when they claimed UC?

Sorry, I know this is horrid. I've been wandering around the web trying to find an answer. I won't be surprised if you don't know either. Thanks for reading.

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5 years 11 months ago #211204 by Gordon
Replied by Gordon on topic Backpay from ESA and Universal Credit
Jace

I've searched several informed sources and I'm afraid I can't find an answer to your first question. There are certainly some circumstances where back payments can be treated as income but it is not a given. Looking at the UC Regulations ESA is classed as Unearned income but this appears to be in connection with regular payments and not back payment.

The ESA award should be carried forward into UC and this should therefore include the date of the claim, however, the one thing I keep hearing about UC is the lack of training for DWP staff, so there is a possibility that you are going to have an argument over the start of the claim.

My best advice is to get face to face advice from a trained advisor, do an internet search for "welfare advice" with the persons postcode, town or county/

Gordon

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

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5 years 11 months ago #211317 by jace
Replied by jace on topic Backpay from ESA and Universal Credit
As this forum is searchable and this question may well arise again, I thought I'd update with the information I've accessed since your helpful answer, Gordon.

I'm told that the original ESA claim date, now the decision to refuse ESA has been overturned, should go forward and count as the claim date for your UC so long as the appeal court granted you ESA up to the date of your UC claim. See the transitional regulations
www.legislation.gov.uk/uksi/2014/1230/regulation/19/made

No-one seems to have firmed up the question about backpay, I think we can assume (since this is not dealt with in the UC regulations as far as we can acertain) that the normal rules on capital and payments of benefit arrears apply. Certainly, this can be argued with force - to the court of appeal if necessary.
"Capital disregarded for 52 weeks.
Arrears of allowances and benefits.
The law
[See memo DMG 23/14]
Arrears of certain allowances and benefits are disregarded for 52 weeks from the date the payment of arrears is received 1
(but see D M G 29511 ifthe arrears and any concessionary pay ment total £5000 or more). The disregard applies to arrears of /.../
20. ESA(IR)"
assets.publishing.service.gov.uk/governm...e/689958/dmgch29.pdf

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5 years 11 months ago #211324 by Gordon
Replied by Gordon on topic Backpay from ESA and Universal Credit
JAce

Your second reference is not applicable to Universal Credit, however, after some searching I did find the equivalent in the UC Staff Guide, See H2091 in the following

assets.publishing.service.gov.uk/governm...ile/687077/admh2.pdf

Gordon

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

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5 years 11 months ago #211330 by jace
Replied by jace on topic Backpay from ESA and Universal Credit
Thank you Gordon. Bookmarked.

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