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Thread: ESA backpayment (cb/ib error) - affect on Council Tax and Housing benefit?

  1. #1
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    ESA backpayment (cb/ib error) - affect on Council Tax and Housing benefit?

    Hi there. First off all I'm new, so hello

    So, I have been trying to find a concrete answer to my question, as I'd rather really not call the council/housing benefit unless I really have to.

    I have just received money owed after the whole mess up with regards ESA and contribution vs income related payments. I had obviously been on contribution based since transferring from IB. And today received backpay (which I still can't believe) which takes me over the £16,000 savings threshold.

    The lady I spoke to where they issued the payment, did assure me it didn't affect my council tax or housing benefit. BUT, she didn't actually know when I asked her, and so went to ask a colleague. So I'm wary as to the validity of her assurance

    I did also check on the housing benefit website, and it says backpayment due to errors aren't included as savings - which let's be honest, they shouldn't be! - but then ends the sentence saying it can be sometimes treated as income? Which surely contradicts the first part of the sentence?

    So I'm unsure how to proceed, and can't get through to anywhere like citizens advice. Thanks for nay help

  2. #2
    Senior Member barbiejane's Avatar
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    Sorry I can't help you about the HB and Ct but well done on receiving some back pay.I hope you get the HB and CT sorted so you can enjoy the money without any worry about being penalised.

    We are waiting to hear if we are going to get any which I don't think we will.We sent the forms back on 14th December so it's only about 7 weeks and I know how the DWP are slow at things.
    Last edited by barbiejane; 31-01-19 at 12:29. Reason: add something

  3. #3
    Senior Member TimeLord's Avatar
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    Hi, the DWP will have already informed your council as to your back pay, you should get a calculation of the years of errors off your council and maybe a new council tax notification what is owing. Basically you have a year to do what you like then they can calculate the money you got as savings after the time has elapsed. But your council will know you have the money. You could open an account to separate the money so its clear that it was back-pay underpayments.

  4. #4
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    Ah ok. That makes sense Thanks for the replies!

  5. #5
    Senior Member nukecad's Avatar
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    It shouldn't affect the HB (pending); but it may affect the CTR.

    The reason for that is that CTR is not a national benefit it's purely a council matter and each council has it's own rules.
    Which will be why you can't find any clatity.

    We have seen reports of some councils wanting some CTR "overpayments" back and other councils not.
    Similarly some councils will dissregard the backpay as it's for DWP errors, others not.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  6. #6
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    are they backpaying to before the 21st October 2014 now?

  7. #7
    Senior Member nukecad's Avatar
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    Yes, they lost the judicial review and so have to backpay to the transfer date.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  8. #8
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    When I declared my DLA backpay they didnt touch my HB (CTR also not touched) even tho I was over the 6k.

    I now know why, its because it should be ignored for a year.

  9. #9
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    You don't say how much your back pay was.

    If is was over £5000 then the same regs apply to ESA, HB and CTR.

    The legislation for CTR comes under the Prescribed Requirements for CT (i.e all councils must follow.)

    http://www.legislation.gov.uk/uksi/2...chedule/6/made

    Number 22 for the part about being over £5000.
    I try my best

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