backpayment not disregarded

[walker]

Yes, DaPa, it is

although my backpayment is from a later date than the IB/ESA error -
yes it should be disregarded - hence my confusion and MR

[DaPa]

Yes, DaPa, it is

although my backpayment is from a later date than the IB/ESA error -
yes it should be disregarded - hence my confusion and MR

I had a back payment for less than £5,000, from what a previous post has said it lasts for 52 weeks if less than £5,000

[nukecad]

I had a back payment for less than £5,000, from what a previous post has said it lasts for 52 weeks if less than £5,000

That is correct, I've just answered in the other post that you made.

Backpayments of less than £5,000 are only disregarded for 52 weeks - even if it was Official Error.


This has raised a sneaking suspicion in my mind.
I recall that at the time they started making these backpayments there were reports of people getting larger backpayments made in 2, 3, or 4 installments of just under £5K each.
It was said at the time that this was because payments of over £5k needed special authorisation, so making multiple smaller payments was quicker.
But it does make you wonder now if it was/is some kind of attempt to avoid the disregard rules?
(If it is then I don't see them getting away with it, but it would probably have to go to a Judicial Review, again).

[walker]

Funnily enough, Nukecad - I have had exactly the same thought!!

I am still confused over the issue of 'official error' - since mine was a later payment (as you know)
but since it was THEIR error, surely it should be official.

[nukecad]

but since it was THEIR error, surely it should be official.

LOL.
I said I am in cynical mode at the moment.

[walker]

well, an interesting update
£64 has appeared in my bank account today - from dwp
hmmmm!!

[nukecad]

You could spend it on on-hold phone charges ringing them to find out what it's for?

Or buy a Vivaldi CD so you can listen to it for an hour and get just about the same answer.

[walker]

hilarious
and yes indeed!!!!

I do so wish they would get their act together re. communication
a quick phone call explaining what they are doing - or a letter before the payment - or even a letter that actually explains things
(if you recall, the big back payments came without any explanation except the amount and dates covered)

sigh

and sadly - I love Vivaldi - but I do prefer to listen to the whole pieces, and at my leisure, not on the phone
I guess they cut and paste music just like they do their letters!!!!

[walker]

Update

Got the 'we have looked again' letter today
and yes they have paid back the money they took off last month and have calculated my savings correctly, so I am now a little better off


I am very pleased they did it so quickly
but I still wish their letters were more appropriate

AND
I still don't have anything in writing to say if my back payment is disregarded for 1 year or longer

[nukecad]

I still don't have anything in writing to say if my back payment is disregarded for 1 year or longer

DMG Volume 9, Chapter 52, paragraphs 52512, 52513, & 52514
https://assets.publishing.service.go...26/dmgch52.pdf

It also clears up the question about backpayments that are paid in more than one installment:
My higlighting in red.

Arrears and concessionary payments of £5,000 or more

When the disregard applies

52512 The disregard applies where

1. the claimant receives arrears of one of the benefits, allowances or payments
listed in DMG 52495 and, if appropriate, any concessionary payment to
compensate for the late payment of that benefit and

2. the total of the arrears and any concessionary payment (“the relevant sum”)
is £5,000 or more and

3. the relevant sum is paid to rectify or compensate for
3.1 an official error (see DMG 03256) or
3.2 an error of law (see DMG 04280) and

4. the relevant sum is received in full by the claimant on or after 14.10.01.

Period of the disregard

52513 The period of the disregard is

1. 52 weeks from the date the relevant sum is received or

2. if the sum is received in its entirety during an award of ESA(IR), for the
remaining period of the award of ESA(IR) (see DMG 52514)

whichever is the longer period.

52514 For the purposes of DMG 52513 2. the remaining period of the award of ESA(IR)
means

1. the award of ESA(IR) in which

1.1 the relevant sum is received or
1.2 the first part of the relevant sum is received if it is paid in more than
one instalment

{continues}

But yes it would be nice if they could state in clearly in a letter.