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Money deducted from UC due to backdated ESA
- RQ
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1 year 9 months ago #278964 by RQ
Money deducted from UC due to backdated ESA was created by RQ
Hello, I hope someone can help.
I'm supporting my mentally ill son who is 28. I'm exhausted and at the end of my tether!
We managed to get ESA set up from 12.01.23 but he wasn't paid until mid March.
We have also finally managed to get UC set up BUT his March payment was halved due to the payment from the backdated ESA.
Before I attempt to challenge this with the powers that be, could you tell me whether I have a case to argue please?
Should his UC have been reduced even though it was due to the length of time ESA took to get up and running that resulted in the back payment?
On another note, we applied for PIP in October 2022, had the phone assessment on 23.12.22 and STILL HAVE NOT had a decision, which is also affecting the amount of UC he receives (for rent). I'm at my wits end; supporting his mental health and wellbeing (psychosis) is incredibly difficult - without the financial stress.
Thank you for any advice that can be given.
Beccy
I'm supporting my mentally ill son who is 28. I'm exhausted and at the end of my tether!
We managed to get ESA set up from 12.01.23 but he wasn't paid until mid March.
We have also finally managed to get UC set up BUT his March payment was halved due to the payment from the backdated ESA.
Before I attempt to challenge this with the powers that be, could you tell me whether I have a case to argue please?
Should his UC have been reduced even though it was due to the length of time ESA took to get up and running that resulted in the back payment?
On another note, we applied for PIP in October 2022, had the phone assessment on 23.12.22 and STILL HAVE NOT had a decision, which is also affecting the amount of UC he receives (for rent). I'm at my wits end; supporting his mental health and wellbeing (psychosis) is incredibly difficult - without the financial stress.
Thank you for any advice that can be given.
Beccy
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1 year 9 months ago #278970 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Money deducted from UC due to backdated ESA
RQ
I'm sorry but you do not have a case in regard to the UC deduction.
ESA is treated as Other Income for UC and deducted £ for £, all UC overpayments are recoverable whatever the cause.
AS to the PIP, contact the DWP a Decision should have been made by now.
Gordon
I'm sorry but you do not have a case in regard to the UC deduction.
ESA is treated as Other Income for UC and deducted £ for £, all UC overpayments are recoverable whatever the cause.
AS to the PIP, contact the DWP a Decision should have been made by now.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- RQ
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1 year 9 months ago #278979 by RQ
Replied by RQ on topic Money deducted from UC due to backdated ESA
Hi Gordon,
Thank you for your help.
Is that the case, even though the ESA was backdated to 12.01.23 (but all paid in a lump sum in March)? It was all taken off March's UC - which was his first UC payment because he didn't qualify for UC in Jan/Feb (but did qualify for ESA).
Thank you for your help.
Is that the case, even though the ESA was backdated to 12.01.23 (but all paid in a lump sum in March)? It was all taken off March's UC - which was his first UC payment because he didn't qualify for UC in Jan/Feb (but did qualify for ESA).
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1 year 9 months ago #279001 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Money deducted from UC due to backdated ESA
RQ
As I said previously, it does not matter what the circumstances are an overpayment of UC has occurred and it is recoverable. Your son is not receiving any less money than they are entitled to although I accept that he may have had additional costs before his ESA went into payment but that is an ESA issue, not a UC one.
You can try and ask the DWP to forgive the overpayment but this almost never happens, you can also try and negotiate a better repayment plan.
Gordon
As I said previously, it does not matter what the circumstances are an overpayment of UC has occurred and it is recoverable. Your son is not receiving any less money than they are entitled to although I accept that he may have had additional costs before his ESA went into payment but that is an ESA issue, not a UC one.
You can try and ask the DWP to forgive the overpayment but this almost never happens, you can also try and negotiate a better repayment plan.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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