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SDP backpayment disregard period
- Agis
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4 weeks 1 day ago #298614 by Agis
SDP backpayment disregard period was created by Agis
Hello there,
I am writing here to share that I had been awarded Severe Disability Premium backpayment of 26 thousand pounds for the last 6 - 7 years of them underpaying me.
I have received 3 letters because they issued it as 3 separate payments. The two letters concerning 8 thousand pounds give just the amount of money they owed me. The letter concerning 18 thousand states that the arreas will be disregarded for the life of the claim.
The problem is that I have to soon apply for Universal Credit to help me pay my rent.
I wonder what the disregard period is going to be once I do that and claim Universal Credit and New Style Esa.
I am just asking because maybe someone has some information about this.
I am a frugal person so I don't want to be pushed into spending large amounts of money. I also feel that because they were underpaying me for a long time they shouldn't expect me to spend it in a year. It gives me a lot of anxiety.
I have called Citizens advice conflicting information at best.
I have also asked my MP to clarify this for me with the DWP and ask them directly. But I am still waiting for response. I am just sitting and waiting and time is passing in case I have to challenge the dwp. Maybe someone here can help.
Agus
I am writing here to share that I had been awarded Severe Disability Premium backpayment of 26 thousand pounds for the last 6 - 7 years of them underpaying me.
I have received 3 letters because they issued it as 3 separate payments. The two letters concerning 8 thousand pounds give just the amount of money they owed me. The letter concerning 18 thousand states that the arreas will be disregarded for the life of the claim.
The problem is that I have to soon apply for Universal Credit to help me pay my rent.
I wonder what the disregard period is going to be once I do that and claim Universal Credit and New Style Esa.
I am just asking because maybe someone has some information about this.
I am a frugal person so I don't want to be pushed into spending large amounts of money. I also feel that because they were underpaying me for a long time they shouldn't expect me to spend it in a year. It gives me a lot of anxiety.
I have called Citizens advice conflicting information at best.
I have also asked my MP to clarify this for me with the DWP and ask them directly. But I am still waiting for response. I am just sitting and waiting and time is passing in case I have to challenge the dwp. Maybe someone here can help.
Agus
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- Gary
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4 weeks 1 day ago #298641 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic SDP backpayment disregard period
Hi Agis
Congratulations on your award, the following information comes from the disability rights handbook;
Any payment you have received in the past 12 months to cover arrears (or compensation for the late payment) of the following is disregarded:
~ universal credit
~ a pre-Universal Credit means-tested benefit
~ maternity allowance, if you receive the arrears or compensation during the current universal credit award or while on a pre-universal credit means-tested benefit and were migrated onto universal credit within one month of the earlier benefit ending; or
~ any UK social security benefit not listed as taken fully into accounts income.
UC Regs, Sch 10, para 18,UC(TP) Regs, reg10B
A payment to cover arrears made to compensate for an official error or an error on a point of law which is £5,000 or more which would be disregarded from an award of a pre-universal credit means-tested benefited you receive during your universal credit award, can be disregarded until the end of the award. This also applies if you received such a payment while on a pre-universal credit means-tested benefit and were migrated onto universal credit within one month of the earlier benefit ending.
Any lump sum of transitional severe disability premium amount or ‘new style’ employment and support allowance special payment (made to compensate for errors in the way claims for the benefit were first handled) is disregarded for 12 months, or for the duration of the universal credit award (if longer).
UC(TP) Regs, regs 10A & 10C & Sch 2, para 7
Gary
Congratulations on your award, the following information comes from the disability rights handbook;
Any payment you have received in the past 12 months to cover arrears (or compensation for the late payment) of the following is disregarded:
~ universal credit
~ a pre-Universal Credit means-tested benefit
~ maternity allowance, if you receive the arrears or compensation during the current universal credit award or while on a pre-universal credit means-tested benefit and were migrated onto universal credit within one month of the earlier benefit ending; or
~ any UK social security benefit not listed as taken fully into accounts income.
UC Regs, Sch 10, para 18,UC(TP) Regs, reg10B
A payment to cover arrears made to compensate for an official error or an error on a point of law which is £5,000 or more which would be disregarded from an award of a pre-universal credit means-tested benefited you receive during your universal credit award, can be disregarded until the end of the award. This also applies if you received such a payment while on a pre-universal credit means-tested benefit and were migrated onto universal credit within one month of the earlier benefit ending.
Any lump sum of transitional severe disability premium amount or ‘new style’ employment and support allowance special payment (made to compensate for errors in the way claims for the benefit were first handled) is disregarded for 12 months, or for the duration of the universal credit award (if longer).
UC(TP) Regs, regs 10A & 10C & Sch 2, para 7
Gary
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- Agis
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1 week 5 days ago #299505 by Agis
Replied by Agis on topic SDP backpayment disregard period
Dear Gary,
I hope this message finds you well.
I have some questions regarding the disregard period when transitioning to Universal Credit. Specifically, I’m trying to understand if the disregard could be for more than 12 months and how do I find this out if it will be.
I’ve reached out to my MP for clarification, but I haven’t received a clear answer yet as well as if has been more than a month since I received the money. It says on the letter ' Money will be disregarded for the duration of your current ESA claim'. When I called Esa she didn't want tell me if this is going to be the case under UC.
Additionally, could you please explain what is meant by “within a month”? My extension letter for applying for Universal Credit is dated February 22nd. Since my ESA payments are made biweekly, I will receive one payment on February 10th and another (I assume) on February 24th.
Is it similar to the transitional protection, where I could still apply within a month after my deadline? If so, could you indicate the specific date by which I need to submit my application to ensure I maintain the disregard for my back payment (or am I already too late?). I am autistic. I have no support. Would appreciate an answer.
Thank you for your assistance.
Best regards.
I hope this message finds you well.
I have some questions regarding the disregard period when transitioning to Universal Credit. Specifically, I’m trying to understand if the disregard could be for more than 12 months and how do I find this out if it will be.
I’ve reached out to my MP for clarification, but I haven’t received a clear answer yet as well as if has been more than a month since I received the money. It says on the letter ' Money will be disregarded for the duration of your current ESA claim'. When I called Esa she didn't want tell me if this is going to be the case under UC.
Additionally, could you please explain what is meant by “within a month”? My extension letter for applying for Universal Credit is dated February 22nd. Since my ESA payments are made biweekly, I will receive one payment on February 10th and another (I assume) on February 24th.
Is it similar to the transitional protection, where I could still apply within a month after my deadline? If so, could you indicate the specific date by which I need to submit my application to ensure I maintain the disregard for my back payment (or am I already too late?). I am autistic. I have no support. Would appreciate an answer.
Thank you for your assistance.
Best regards.
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- Gary
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1 week 1 day ago #299674 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic SDP backpayment disregard period
Hi Agis
I cannot answer your question as I am not aware of what type of ESA you are receiving, there are two types of legacy ESA, IR ESA and CB ESA and I do not know your circumstances.
Unfortunately we cannot give advice as we do not have all the relevant information, we can only give out relevant information from what information members inform us. We would advise you to try and contact your local Welfare Rights Organisation; advicelocal.uk
Gary
I cannot answer your question as I am not aware of what type of ESA you are receiving, there are two types of legacy ESA, IR ESA and CB ESA and I do not know your circumstances.
Unfortunately we cannot give advice as we do not have all the relevant information, we can only give out relevant information from what information members inform us. We would advise you to try and contact your local Welfare Rights Organisation; advicelocal.uk
Gary
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19 hours 19 minutes ago #300081 by Agis
Replied by Agis on topic SDP backpayment disregard period
I am on both ESA CB and IR esa top up SDP
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- Gary
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16 hours 17 minutes ago #300087 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic SDP backpayment disregard period
Hi Agis
Are you aware of the assistance you can get from the Citizens Advice Help to Claim service?; www.citizensadvice.org.uk/benefits/unive...ut-universal-credit/
They will be able to answer your questions.
Gary
Are you aware of the assistance you can get from the Citizens Advice Help to Claim service?; www.citizensadvice.org.uk/benefits/unive...ut-universal-credit/
They will be able to answer your questions.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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