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Large ESA Backdated Payment
- paulp
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4 days 13 hours ago #297867 by paulp
Large ESA Backdated Payment was created by paulp
Hi all
I just want to ask I have recieved a £15,000 payment due to clerical error dating back to 2016. This seems to have caused migration to UC. I am receiving ESA contribution based in the support group. The question is because my ESA migrates with me onto UC with no break in claim, is this money disregarded for 12 months or the length of my ESA claim which continues?
I just want to ask I have recieved a £15,000 payment due to clerical error dating back to 2016. This seems to have caused migration to UC. I am receiving ESA contribution based in the support group. The question is because my ESA migrates with me onto UC with no break in claim, is this money disregarded for 12 months or the length of my ESA claim which continues?
- Chris
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4 days 13 hours ago #297872 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic Large ESA Backdated Payment
Hi paulp,
It does state online that backdated payments are disregarded for 12 months, but I would ask your work coach to confirm this, so you've got written evidence. I wasn't told about this, so after my 12 months after a backdated payment, my UC was cut for several months.
Chris.
It does state online that backdated payments are disregarded for 12 months, but I would ask your work coach to confirm this, so you've got written evidence. I wasn't told about this, so after my 12 months after a backdated payment, my UC was cut for several months.
Chris.
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- traceytracey
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4 days 12 hours ago #297875 by traceytracey
Replied by traceytracey on topic Large ESA Backdated Payment
Hi Paulp,
You say you are on ESA contribution based, but have now migrated to UC. I am confused and now worried as I believed CB esa was not going to be migrated?? Do you have some interest bssed?
You say you are on ESA contribution based, but have now migrated to UC. I am confused and now worried as I believed CB esa was not going to be migrated?? Do you have some interest bssed?
- paulp
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4 days 11 hours ago #297887 by paulp
Replied by paulp on topic Large ESA Backdated Payment
No I am due to migrate to uc by Feb 25.but the esa adviser I spoke to said uc have their own decision makers so it's pretty vague after I asked for written evidence on what the backpayment is exactly for and is it disregarded for length of my esa claim.
- paulp
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4 days 9 hours ago #297890 by paulp
Replied by paulp on topic Large ESA Backdated Payment
Thank you for your answer.i think the backpay must have been IR.i know CB esa goes over to UC with me it is just the question of if the backdated clerical error payment is disregarded for 12 months or the length of my esa CB claim.
- Gary
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4 days 8 hours ago #297894 by Gary
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Replied by Gary on topic Large ESA Backdated Payment
Hi paulp
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
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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