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Please Help MH V DWP LEAP PAYMENT and IR ESA

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3 weeks 5 days ago #297262 by bertmerries
Please could you help. In 2021 or so I was awarded 12,800 pounds as a result of the Leap review
following MH v DWP. I have always been worried to touch this money and still have it in my account.

I am now desperately worried because I cannot find a definitive answer that this payment is disregarded capital in relation to IR ESA. I have seen answer after answer saying it is but when you look at the ESA Regs it doesn't mention it.

Please can anyone put my mind at rest once and for all that when I have the managed migration (A) I won't discover that win fact I have been overpaid IR ESA because of this LEAP payment and (B) it will be disregarded as part of transitional protection as I keep reading.

Thank you guys so much and Its not my real name btw.
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3 weeks 5 days ago #297265 by David
Hi bertmerries,

Your payment will be disregarded as long as you have continuous Benefit claims because it was due to official error. I quote from MHvSSWP 2018
"The claimant’s appeal against the decision of the Firsttier Tribunal sitting at Sheffield on 25 November 2014 under reference SC147/14/00934 is allowed because the decision did involve an error of law. The case is remitted to a differently constituted panel of the First-tier Tribunal to be re-decided in accordance with the reasons for our decision."

administrativeappeals.decisions.tribunal...px/view.aspx?id=5018

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 weeks 5 days ago #297276 by bertmerries
Replied by bertmerries on topic Please Help MH V DWP LEAP PAYMENT and IR ESA
Hi David, Im still confused i'm afraid. Can you direct me to where it says a "PIP' Lump sum due to an error of law does not affect the level of IR ESA you are entitled to.
I followed your kind Link David but cannot see where the judgements confirm
this issue?

Sorry if I am being slow.
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3 weeks 5 days ago - 3 weeks 5 days ago #297279 by David
Hi berttmerries, You are not being slow it is a very complex issue and not all the data is in the same place. Have a read of this official publication, on page 5 Capital Disregarded for an Extended Period. Your LEAP arrears will be disregarded for the duration of your UC award. Further down it mentions PIP backpayments.
data.parliament.uk/DepositedPapers/Files...disregards_v11.0.pdf

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 weeks 5 days ago by David.
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3 weeks 5 days ago #297283 by bertmerries
Replied by bertmerries on topic Please Help MH V DWP LEAP PAYMENT and IR ESA
Thank you David, so the leap payment would not have affected my IR ESAs entitlement amount i.e it would be disregarded just as it is for UC as long as claim is unbroken throughout?
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3 weeks 5 days ago #297284 by bertmerries
Replied by bertmerries on topic Please Help MH V DWP LEAP PAYMENT and IR ESA
Its the IR ESA that worries me, whether that rate I have been getting would have been affected i.e if I may have been overpaid due to leap review award, thank you
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