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UC query now, HB suspended due to my being awarded backdated benefits.
- Anon
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2 years 7 months ago #270838 by Anon
UC query was created by Anon
I was one of the many who received a lump sum backpay in 2019 due to not being put onto IR ESA. I have a letter sent to me at the time stating they will not class it as capital unless I make a fresh claim
Once I’m forced to migrate over to UC (I’ll qualify for managed migration) will I be entitled to transitional protection from them denying me UC due to them putting that lump sum into my bank and I’ve not yet spent it all nor in one go? (Been holding onto some of it for needed medical care of which I’m being denied by the NHS.) There is no change in my circumstances and that will be the case when I’m forced over.
From what I understand, under managed migration I should qualify for transitional protection due to there being no change in my circumstances at the time of forced migration. If I’m not offered transactional protection, due to my being forced to migrate, not only will I be drastically worse off with regard to weekly income (I won’t receive a penny!) but also, as far as the owed benefit they put into my bank in 2019 is concerned, it will be ‘giving it to me with one hand and taking it away with another’ on top of all the additional severe trauma, distress, grave ill health - it’s never ending. If they cut me off completely it’ll be a ‘final blow’ and there goes my ability to pay for the denied NHS medical care.
Thank you
Once I’m forced to migrate over to UC (I’ll qualify for managed migration) will I be entitled to transitional protection from them denying me UC due to them putting that lump sum into my bank and I’ve not yet spent it all nor in one go? (Been holding onto some of it for needed medical care of which I’m being denied by the NHS.) There is no change in my circumstances and that will be the case when I’m forced over.
From what I understand, under managed migration I should qualify for transitional protection due to there being no change in my circumstances at the time of forced migration. If I’m not offered transactional protection, due to my being forced to migrate, not only will I be drastically worse off with regard to weekly income (I won’t receive a penny!) but also, as far as the owed benefit they put into my bank in 2019 is concerned, it will be ‘giving it to me with one hand and taking it away with another’ on top of all the additional severe trauma, distress, grave ill health - it’s never ending. If they cut me off completely it’ll be a ‘final blow’ and there goes my ability to pay for the denied NHS medical care.
Thank you
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- Gary
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2 years 7 months ago #270926 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC query
Hi Anon
You may have asked this question already.
I don't yet have an answer for you but I have emailed the DWP with your scenario and will let you know when I get an answer.
Gary
You may have asked this question already.
I don't yet have an answer for you but I have emailed the DWP with your scenario and will let you know when I get an answer.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anon
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2 years 5 months ago #272554 by Anon
Replied by Anon on topic UC query
Thank you so much Gary, I’ve only just realised someone answered my question, I had to email tech as I’m not tech savvy. That would be so helpful as due to severe PTSD I’m unable to talk to the DWP myself.
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- Gary
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2 years 5 months ago #272592 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC query
Hi Anon
I did post the reply from DWP on the forum, but here it is again;
Thank you for your enquiry.
As per UC eligibility criteria arrears of benefit, Tax Credits or compensation for non-payment of £5,000 or more paid due to official error or error of law can be disregarded for the length of the Universal Credit award. The disregard applies to claimants who receive a payment of arrears or compensation:
whilst in receipt of Universal credit
whilst in receipt of a Legacy benefit and migrate to Universal Credit with a gap of less than a month between awards of benefit
This longer disregard will only be available on a transitional basis and will only apply to payments of arrears or compensation which relate to a period before Legacy benefits are abolished. Once migration to Universal Credit is complete and Legacy benefits are abolished, a standard 12-month disregard will apply to all new benefit arrears and compensation payments whether or not they are due to official error or errors of law.
Regards
Gary
I did post the reply from DWP on the forum, but here it is again;
Thank you for your enquiry.
As per UC eligibility criteria arrears of benefit, Tax Credits or compensation for non-payment of £5,000 or more paid due to official error or error of law can be disregarded for the length of the Universal Credit award. The disregard applies to claimants who receive a payment of arrears or compensation:
whilst in receipt of Universal credit
whilst in receipt of a Legacy benefit and migrate to Universal Credit with a gap of less than a month between awards of benefit
This longer disregard will only be available on a transitional basis and will only apply to payments of arrears or compensation which relate to a period before Legacy benefits are abolished. Once migration to Universal Credit is complete and Legacy benefits are abolished, a standard 12-month disregard will apply to all new benefit arrears and compensation payments whether or not they are due to official error or errors of law.
Regards
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anon
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2 years 5 months ago #272610 by Anon
Replied by Anon on topic UC query
Gary, I’m struggling to get my head around the wording. Would you kindly simplify it for me, in simple terms i.e. based off of my original question, will I be denied UC or not or for how long?
Is that saying the money they put into my bank will still be disregarded or it will but for just 12 months? I really can’t understand the wording. 12 years of severe trauma has seriously screwed up my brain.
Thanks so much for your help.
Is that saying the money they put into my bank will still be disregarded or it will but for just 12 months? I really can’t understand the wording. 12 years of severe trauma has seriously screwed up my brain.
Thanks so much for your help.
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- Gary
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2 years 5 months ago #272623 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC query
Hi Anon
What it is saying, you will be protected under the Transitional protection for legay benefits, i.e if your received the backdate under the legacy system then you are protected if you move over to UC provided that there is no gap of one month or more in your claim.
Once migration to Universal Credit is complete and Legacy benefits are abolished, a standard 12-month disregard will apply to all new benefit arrears and compensation payments whether or not they are due to official error or errors of law.
This means that where legacy 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, will no longer apply.
Gary
What it is saying, you will be protected under the Transitional protection for legay benefits, i.e if your received the backdate under the legacy system then you are protected if you move over to UC provided that there is no gap of one month or more in your claim.
Once migration to Universal Credit is complete and Legacy benefits are abolished, a standard 12-month disregard will apply to all new benefit arrears and compensation payments whether or not they are due to official error or errors of law.
This means that where legacy 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, will no longer apply.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Anon
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