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Backdated payment following appeal query
- Notyniki
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2 years 4 days ago #276269 by Notyniki
Backdated payment following appeal query was created by Notyniki
Hi,
Following a successful appeal at FTT, I was awarded the LCWRA element of Universal Credit. They have just paid £10K of backdated payments into my current account.
I understand there are certain rules and regulations about savings etc but am unsure how these apply to me in terms of how long this 10K will be disregarded until it starts to affect my benefits etc.
Can anybody help or explain please?
Many thanks.
Following a successful appeal at FTT, I was awarded the LCWRA element of Universal Credit. They have just paid £10K of backdated payments into my current account.
I understand there are certain rules and regulations about savings etc but am unsure how these apply to me in terms of how long this 10K will be disregarded until it starts to affect my benefits etc.
Can anybody help or explain please?
Many thanks.
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- Gary
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2 years 3 days ago #276318 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Backdated payment following appeal query
Hi Notyniki
This payment is not counted as savings for one year and will not affect income related or means tested benefits during this time, such as UC.
However, where 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.
I know many claimants who receive a large backdate set up funeral plans. You can do what ever with your savings as you please, but remember DWP could treat your spending as Notional Capital.
Deprivation of capital is when you knowingly reduce or transfer elsewhere your savings or other capital to get, or increase your award of Universal Credit, so keep receipts of anything you spend your savings on.
I would advise you to seek advice from your local Welfre Rights Organisation; advicelocal.uk
Gary
This payment is not counted as savings for one year and will not affect income related or means tested benefits during this time, such as UC.
However, where 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.
I know many claimants who receive a large backdate set up funeral plans. You can do what ever with your savings as you please, but remember DWP could treat your spending as Notional Capital.
Deprivation of capital is when you knowingly reduce or transfer elsewhere your savings or other capital to get, or increase your award of Universal Credit, so keep receipts of anything you spend your savings on.
I would advise you to seek advice from your local Welfre Rights Organisation; advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Notyniki
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2 years 3 days ago #276333 by Notyniki
Replied by Notyniki on topic Backdated payment following appeal query
Thank you Gary, I read similar info when you have replied to other posts on this subject. I suppose my question is....how do I determine if the underpayment was due to
* an official error
* an error on point of law
Would the fact that the HCP and decision maker disregarded my evidence come under either of these conditions?
* an official error
* an error on point of law
Would the fact that the HCP and decision maker disregarded my evidence come under either of these conditions?
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- BIS
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2 years 2 days ago #276353 by BIS
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Replied by BIS on topic Backdated payment following appeal query
Hi Noyniki
It would say in the statement of reasons from your tribunal if there had been an 'error on a point of law'. Official errors tend to be things like they stopped a claim without warning or a computer glitch. Ignoring evidence happens all the time and would again appear in the statement of reasons if the panel thought the DWP had done this.
BIS
It would say in the statement of reasons from your tribunal if there had been an 'error on a point of law'. Official errors tend to be things like they stopped a claim without warning or a computer glitch. Ignoring evidence happens all the time and would again appear in the statement of reasons if the panel thought the DWP had done this.
BIS
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