- Posts: 8
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- UC query now, HB suspended due to my being awarded backdated benefits.
× Members
UC query now, HB suspended due to my being awarded backdated benefits.
- Anon
- Topic Author
- Offline
Less More
2 years 5 months ago #272639 by Anon
Replied by Anon on topic UC query
Erm, so sorry Gary, I’m still a little bit stuck.
Is what I’m understanding correct?:
The backpay they gave me whilst under legacy benefits will still be longterm disregarded under transitional protection, for the whole length of the UC award that I’m migrated into?
So because mine was paid under legacy benefits, once I’m transitioned over to UC, it will remain longterm disregarded for the whole length of the UC claim not just 12 months unless I make a new UC claim?
I’m confused because, at the top it’s saying it will be disregarded for the whole length of the UC award for those:
both in receipt of UC
and for those on legacy who migrate over within a month.
But then at the bottom it’s conflicting, saying a standard 12 month disregard will apply to all NEW benefit arrears. Mine won’t be new, it’s pre-existing from whilst on the legacy benefit.
What does the term ‘transitional basis’ mean?
Are they saying it’s until everyone has been migrated to UC and all legacy benefits have gone….which no one know who long that will take?
So sorry, you’ve been lumped with me. I’m actually getting upset because I still can’t understand it. It’s just scrambled in my head. I used to be highly intelligent and articulate…not any more! Hopefully this may help anyone else who’s brain has been catastrophically fried over the past decade.
Thanks
Is what I’m understanding correct?:
The backpay they gave me whilst under legacy benefits will still be longterm disregarded under transitional protection, for the whole length of the UC award that I’m migrated into?
So because mine was paid under legacy benefits, once I’m transitioned over to UC, it will remain longterm disregarded for the whole length of the UC claim not just 12 months unless I make a new UC claim?
I’m confused because, at the top it’s saying it will be disregarded for the whole length of the UC award for those:
both in receipt of UC
and for those on legacy who migrate over within a month.
But then at the bottom it’s conflicting, saying a standard 12 month disregard will apply to all NEW benefit arrears. Mine won’t be new, it’s pre-existing from whilst on the legacy benefit.
What does the term ‘transitional basis’ mean?
Are they saying it’s until everyone has been migrated to UC and all legacy benefits have gone….which no one know who long that will take?
So sorry, you’ve been lumped with me. I’m actually getting upset because I still can’t understand it. It’s just scrambled in my head. I used to be highly intelligent and articulate…not any more! Hopefully this may help anyone else who’s brain has been catastrophically fried over the past decade.
Thanks
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8227
2 years 5 months ago #272693 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 would not beat myself up over it, your understanding of it is perfect, it is how I also interpret what is being said.
Until we get the roll out and some case law behind it then there will be grey areas.
When you say 'But then at the bottom it’s conflicting, saying a standard 12 month disregard will apply to all NEW benefit arrears. Mine won’t be new, it’s pre-existing from whilst on the legacy benefit.' I interpret that as saying for new claimants in receipt of UC going forward only a standard 12 month disregard will apply.
Gary
I would not beat myself up over it, your understanding of it is perfect, it is how I also interpret what is being said.
Until we get the roll out and some case law behind it then there will be grey areas.
When you say 'But then at the bottom it’s conflicting, saying a standard 12 month disregard will apply to all NEW benefit arrears. Mine won’t be new, it’s pre-existing from whilst on the legacy benefit.' I interpret that as saying for new claimants in receipt of UC going forward only a standard 12 month disregard will apply.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Anon
Please Log in or Create an account to join the conversation.
- Anon
- Topic Author
- Offline
Less More
- Posts: 8
2 years 3 months ago #274121 by Anon
Replied by Anon on topic UC query now, HB suspended due to my being awarded backdated benefits.
Thank you Gary, I’ve not been logged in for ages, due to other stressors.
Well you’ll not believe what’s happened to me now! I had a HB review form to fill in. Filled it in and attached copy letter from the DWP in 2919 from when they gave me that backdated entitled benefits; that letter clearly stating it is backdated benefit entitlement not to be classed as capital or savings.
Well, the housing benefit has now suspended my HB because the DWP put that money in my account. They’re now, at my overwhelming distress, at them suspending my HB but, they want me to endure the further trauma of sourcing, organising and sending them 3 years worth of bank statements from the date the DWP put that entitlement into my account, onwards.
I’m ultimately being penalised, persecuted and scrutinised due to being awarded backdated benefit entitlement that is not classed as capital/ savings.
Are they doing this to everyone who got that ESA/IR backdated entitlement? If they’re doing it to me, then surely they would have to contact everyone who got that payout and demand all their bank statements from the date it they were awarded it, onwards!
The lady from the council, looked at my notes and said she could see the letter from the DWP, clearing stating it is backdated entitled benefits not classed as capital, so she wasn’t sure what is going on!
It never stops, the torment, trauma and distress, just never ever stops! The lawlessness never stops!
Well you’ll not believe what’s happened to me now! I had a HB review form to fill in. Filled it in and attached copy letter from the DWP in 2919 from when they gave me that backdated entitled benefits; that letter clearly stating it is backdated benefit entitlement not to be classed as capital or savings.
Well, the housing benefit has now suspended my HB because the DWP put that money in my account. They’re now, at my overwhelming distress, at them suspending my HB but, they want me to endure the further trauma of sourcing, organising and sending them 3 years worth of bank statements from the date the DWP put that entitlement into my account, onwards.
I’m ultimately being penalised, persecuted and scrutinised due to being awarded backdated benefit entitlement that is not classed as capital/ savings.
Are they doing this to everyone who got that ESA/IR backdated entitlement? If they’re doing it to me, then surely they would have to contact everyone who got that payout and demand all their bank statements from the date it they were awarded it, onwards!
The lady from the council, looked at my notes and said she could see the letter from the DWP, clearing stating it is backdated entitled benefits not classed as capital, so she wasn’t sure what is going on!
It never stops, the torment, trauma and distress, just never ever stops! The lawlessness never stops!
The following user(s) said Thank You: denby
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8227
2 years 3 months ago #274132 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC query now, HB suspended due to my being awarded backdated benefits.
Hi Anon
You may want to write a formal complain and if you are unhappy with their reply then complain to the Local Government Ombudsman.
The council is allowed to ask questions due to verification.
On a positive note it could be that your HB office may want to recalculate your HB entitlement as you may have an extra premium there you may be entitled to a HB backpay. This has happened to several of my clients, one of which was repaid over £8k.
Gary
You may want to write a formal complain and if you are unhappy with their reply then complain to the Local Government Ombudsman.
The council is allowed to ask questions due to verification.
On a positive note it could be that your HB office may want to recalculate your HB entitlement as you may have an extra premium there you may be entitled to a HB backpay. This has happened to several of my clients, one of which was repaid over £8k.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Anon
Please Log in or Create an account to join the conversation.
- Anon
- Topic Author
- Offline
Less More
- Posts: 8
2 years 3 months ago #274251 by Anon
Replied by Anon on topic UC query now, HB suspended due to my being awarded backdated benefits.
Thanks for taking the time to reply Gary.
Please Log in or Create an account to join the conversation.
- Anon
- Topic Author
- Offline
Less More
- Posts: 8
2 years 3 months ago #274352 by Anon
Replied by Anon on topic UC query now, HB suspended due to my being awarded backdated benefits.
If it helps anyone else Gary, they lifted the suspension without my needing to take further action; what a relief! I did email a letter of a complaint, however they’d already made a decision beforehand, it just crossed in the post.
So anyone else being put through the same - if they’ve any amount of that backdated entitlement left, it is indeed not classed as capital or savings.
So anyone else being put through the same - if they’ve any amount of that backdated entitlement left, it is indeed not classed as capital or savings.
The following user(s) said Thank You: denby, Gary
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David