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ESA Back Payments.
- Navigator
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1 day 2 hours ago #305369 by Navigator
ESA Back Payments. was created by Navigator
Hi,
Im sure someone has asked this before but I cannot find an answer:
I have now migrated over from ESA to UC, due to an admin error, the DWP have not put me in the correct group, so they are now having to calculate a back payment to 2023.
Am I right that any back payment due to DWP error, does not count towards the UC £6,000 limit? or will they take deductions from it?
Navigator.
Im sure someone has asked this before but I cannot find an answer:
I have now migrated over from ESA to UC, due to an admin error, the DWP have not put me in the correct group, so they are now having to calculate a back payment to 2023.
Am I right that any back payment due to DWP error, does not count towards the UC £6,000 limit? or will they take deductions from it?
Navigator.
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- David
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23 hours 48 minutes ago #305392 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic ESA Back Payments.
Hi Navigator
Back payments under £5000 are disregarded for 52 weeks with UC.
David
Back payments under £5000 are disregarded for 52 weeks with UC.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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19 hours 47 minutes ago #305416 by Navigator
Replied by Navigator on topic ESA Back Payments.
Hi David, whilst I appreciate your input, some of your answers are too short and do not always provide enough information.
So back payments under £5000
Disregarded for 52 weeks?
So what about amounts over £5000?
and what happens after 52 weeks?
So if you were awarded say £10,000 would they stop your UC altogether?
Or would they make deductions,?
what would those deductions be?
And is there anything you can do to stop them taking the money?
Navigator.
So back payments under £5000
Disregarded for 52 weeks?
So what about amounts over £5000?
and what happens after 52 weeks?
So if you were awarded say £10,000 would they stop your UC altogether?
Or would they make deductions,?
what would those deductions be?
And is there anything you can do to stop them taking the money?
Navigator.
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- latetrain
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18 hours 59 minutes ago #305424 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic ESA Back Payments.
Hi Navigator
It is hard for mods to give accurate advice as we do not have all the facts.
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
It is hard for mods to give accurate advice as we do not have all the facts.
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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