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Changing to UC and savings question
- ZombiesRock
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1 month 1 week ago #296646 by ZombiesRock
Changing to UC and savings question was created by ZombiesRock
Hello guys I'm new here nice to meet you all.
I received a letter today which advised me that I need to claim for Universal Credit. I went onto the official website and read that savings will affect your benefit. I understand you can have under £16,000 but it will be taken off your befnit. I'm very worried now and this is triggering for my mental health. I currently have £16,800 in savings which I am keeping for getting medical and psychological help to hear from complex psychological and mental health issues that aren't dealt with on the NHS because no one has the expertise. Without my savings I won't be able to recover and heal because I can't afford the specialised help I need on benefits alone and, as a result, will have no quality of life. It's probable my health will deteriorate to the point where I can no longer survive so it is essential that I get the help I need. I got the savings because I was back paid benefits I was owed because was on the wrong one a few years ago so it's all from the DWP. They didn't tell me at the time if it would affect my benefits I phoned up to check where it was coming from. As my savings are from the DWp and are all the benefit I was owed will my benefit still be effected? Can anyone help? This whole thing has been very triggering for me and is worrying me sick. Sorry I'm not writing very well I'm not feeling too good right now because of all this.
I received a letter today which advised me that I need to claim for Universal Credit. I went onto the official website and read that savings will affect your benefit. I understand you can have under £16,000 but it will be taken off your befnit. I'm very worried now and this is triggering for my mental health. I currently have £16,800 in savings which I am keeping for getting medical and psychological help to hear from complex psychological and mental health issues that aren't dealt with on the NHS because no one has the expertise. Without my savings I won't be able to recover and heal because I can't afford the specialised help I need on benefits alone and, as a result, will have no quality of life. It's probable my health will deteriorate to the point where I can no longer survive so it is essential that I get the help I need. I got the savings because I was back paid benefits I was owed because was on the wrong one a few years ago so it's all from the DWP. They didn't tell me at the time if it would affect my benefits I phoned up to check where it was coming from. As my savings are from the DWp and are all the benefit I was owed will my benefit still be effected? Can anyone help? This whole thing has been very triggering for me and is worrying me sick. Sorry I'm not writing very well I'm not feeling too good right now because of all this.
- David
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1 month 1 week ago #296648 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Changing to UC and savings question
Hi ZombiesRock,
I need to know which Benefits if any you are currently receiving.
As far as UC is concerned the following are the rules regarding the disregard of Benefit back payments.
Arrears of benefit disregarded as capital
10A.—(1) This regulation applies in relation to the calculation of an award of universal credit (the “current award”) where the claimant has received a payment of arrears of benefit or armed forces independence payment, or a payment made to compensate for arrears due to the non-payment of benefit or armed forces independence payment, of £5,000 or more, and the following conditions are met—
(a) the payment—
(i) is received during the current award; or
(ii) was received during an award of an existing benefit or state pension credit (the “earlier award”) and the claimant became entitled to the current award within one month of the date of termination of the earlier award;
(b) in the case of a payment falling within sub-paragraph (a)(i), it would be disregarded from the calculation of the claimant’s capital if the claimant were entitled to an existing benefit or state pension credit;
(c) in the case of a payment falling within sub-paragraph (a)(ii), it was disregarded from the calculation of the claimant’s capital for the purposes of the earlier award; and
(d) the period of entitlement to benefit or armed forces independence payment to which the payment relates commences before the first date on which, by virtue of section 33 of the Act (abolition of benefits), no claimant is entitled to an existing benefit.
(2) Where this regulation applies, notwithstanding anything in the Universal Credit Regulations, the payment is to be disregarded from the calculation of the claimant’s capital for 12 months from the date of receipt of the payment, or until the termination of the current award (if later).
David
I need to know which Benefits if any you are currently receiving.
As far as UC is concerned the following are the rules regarding the disregard of Benefit back payments.
Arrears of benefit disregarded as capital
10A.—(1) This regulation applies in relation to the calculation of an award of universal credit (the “current award”) where the claimant has received a payment of arrears of benefit or armed forces independence payment, or a payment made to compensate for arrears due to the non-payment of benefit or armed forces independence payment, of £5,000 or more, and the following conditions are met—
(a) the payment—
(i) is received during the current award; or
(ii) was received during an award of an existing benefit or state pension credit (the “earlier award”) and the claimant became entitled to the current award within one month of the date of termination of the earlier award;
(b) in the case of a payment falling within sub-paragraph (a)(i), it would be disregarded from the calculation of the claimant’s capital if the claimant were entitled to an existing benefit or state pension credit;
(c) in the case of a payment falling within sub-paragraph (a)(ii), it was disregarded from the calculation of the claimant’s capital for the purposes of the earlier award; and
(d) the period of entitlement to benefit or armed forces independence payment to which the payment relates commences before the first date on which, by virtue of section 33 of the Act (abolition of benefits), no claimant is entitled to an existing benefit.
(2) Where this regulation applies, notwithstanding anything in the Universal Credit Regulations, the payment is to be disregarded from the calculation of the claimant’s capital for 12 months from the date of receipt of the payment, or until the termination of the current award (if later).
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: ZombiesRock
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1 month 1 week ago #296651 by ZombiesRock
Replied by ZombiesRock on topic Changing to UC and savings question
HI David, do you mind if I reply in the next day or so someone on facebook at a go at me to wind me up and it triggered me so now I can't concentrate. Thanks so very much I'll get back to you honset.
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1 month 1 week ago #296652 by ZombiesRock
Replied by ZombiesRock on topic Changing to UC and savings question
I am getting ESA, housing benefits and PIP. I don't understand the rest sorry I am too distressed to concentrate. Thank you so much.
- David
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1 month 1 week ago #296653 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Changing to UC and savings question
Hi ZombiesRock,
It is important that you try to locate something in writing from the DWP or Housing Benefit as to why you were awarded arrears of Benefit. If it was because of " official error " or " an error in law " then your savings maybe disregarded indefinitely following UC Managed Migration. If you can't find anything you could try phoning your local Housing Benefit department ( or writing ) and ask them the reason why your savings are currently disregarded.
If you are finding this issue too stressful to deal with you could find a local Advice agency to act on your behalf. If you rent from a social landlord they may have a Financial Inclusion officer who could help you.
David
It is important that you try to locate something in writing from the DWP or Housing Benefit as to why you were awarded arrears of Benefit. If it was because of " official error " or " an error in law " then your savings maybe disregarded indefinitely following UC Managed Migration. If you can't find anything you could try phoning your local Housing Benefit department ( or writing ) and ask them the reason why your savings are currently disregarded.
If you are finding this issue too stressful to deal with you could find a local Advice agency to act on your behalf. If you rent from a social landlord they may have a Financial Inclusion officer who could help you.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: ZombiesRock
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1 month 1 week ago #296658 by ZombiesRock
Replied by ZombiesRock on topic Changing to UC and savings question
Hi David
Thanks so much. I read over your first message again, I think I get the gist. I find it hard to read and concentrate even when I am not feeling actively stressed or anxious but yesterday I was a mess. Sorry, there were typos in my original message I know. I also meant to say 'Complex physical and mental health issues'. I'll have a look for the paperwork in relation to the back payment. My understanding as I remember it is I was on the wrong level of benefit for years so I was back-paid as I should have been on a higher one. If it was an intentional payment it can be disregarded for 12 months from the date it was issued but no longer than 12 months is that right? But if it was accidentally paid it is disregarded indefinitely? Sorry if I haven't got that right. Thanks very much again for your help. I should have known better than to post on Facebook about it with all the trolls on there but I panicked! It really felt like it was game over for me as the only way I can get the medical and psychological help I need is to go privately and that will cost a significant amount. That's why I felt like receiving the backdated payment was a gift from the gods for me to get the help I need so to speak.
Thanks again
Thanks so much. I read over your first message again, I think I get the gist. I find it hard to read and concentrate even when I am not feeling actively stressed or anxious but yesterday I was a mess. Sorry, there were typos in my original message I know. I also meant to say 'Complex physical and mental health issues'. I'll have a look for the paperwork in relation to the back payment. My understanding as I remember it is I was on the wrong level of benefit for years so I was back-paid as I should have been on a higher one. If it was an intentional payment it can be disregarded for 12 months from the date it was issued but no longer than 12 months is that right? But if it was accidentally paid it is disregarded indefinitely? Sorry if I haven't got that right. Thanks very much again for your help. I should have known better than to post on Facebook about it with all the trolls on there but I panicked! It really felt like it was game over for me as the only way I can get the medical and psychological help I need is to go privately and that will cost a significant amount. That's why I felt like receiving the backdated payment was a gift from the gods for me to get the help I need so to speak.
Thanks again
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