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ESA-to-UC migration: where does legal settlement for discrimation go?

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1 day 10 hours ago #299817 by Cassolotl
Hi!

So, I'm doing the ESA-to-UC managed migration thing. I know the maximum amount of capital you can have without them docking your payments is £6,000. I have £8,000, because last month I received £2,000 in a settlement from a disability discrimination claim.

The form is very straightforward so this seems obvious but I'm very stressed about this so I just want to double-check - would this £2,000 come under "compensation"? So would that look like this if filled in correctly?

This is what you have told us about your money, savings and investments:

Amount in bank account ending ****, You want your payments made into this account, £2,000.00

Current account ending ****, [Name of bank], £2,000.00

ISA account ending 3161, [Name of bank], £4,000.00

Your properties or investments: I do not have any of these

Compensation payments: £2,000.00

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1 day 9 hours ago #299818 by David
Hi Cassolotl

Unfortunately a settlement from a discrimination claim is not compensation as far as Universal Credit is concerned. I cannot find any reference in the following DWP guidance that would support such an interpretation.
assets.publishing.service.gov.uk/media/6...a508a22d5d/admh2.pdf

Which tribunal made the judgement and who made the payment?

David

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1 day 9 hours ago #299819 by Cassolotl
> Which tribunal made the judgement and who made the payment?

It never even made it to court! The payment was from the organisation who the claim was against, or from their insurers or legal guys or something.

It would come under "personal injury", as a claim against someone who discriminates based on disability is on the basis of injury to feelings.

That's a really useful PDF, thanks!

So I guess it's down to whether settlements are considered equivalent to a court order to pay?

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1 day 8 hours ago #299821 by David
Hi Cassolotl

You say " The payment was from the organisation who the claim was against, or from their insurers or legal guys or something."
When you say organisation do you mean a not for profit body or a local authority?
There would have been explanatory paperwork and you would normally have been asked to sign an acceptance agreement which I suppose you have a copy of.

David

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1 day 8 hours ago #299823 by Cassolotl
It was CrossCountry, the train company. I'm not sure that this is relevant to my question?

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1 day 8 hours ago #299824 by David
Hi Cassolotl

Did you sign an agreement?

David

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