Page 3 of 4 FirstFirst 1234 LastLast
Results 21 to 30 of 34

Thread: backpayment not disregarded

  1. #21
    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

  2. #22
    Quote Originally Posted by walker View Post
    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

  3. #23
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,993
    Quote Originally Posted by DaPa View Post
    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).
    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.

  4. #24
    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.

  5. #25
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,993
    Quote Originally Posted by walker View Post
    but since it was THEIR error, surely it should be official.
    LOL.
    I said I am in cynical mode at the moment.
    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. #26
    well, an interesting update
    £64 has appeared in my bank account today - from dwp
    hmmmm!!

  7. #27
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,993
    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.
    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. #28
    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!!!!

  9. #29
    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

  10. #30
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,993
    Quote Originally Posted by walker View Post
    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.
    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.

Similar Threads

  1. SDP backpayment?
    By nobby71nibletts in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 11
    Last Post: 12-12-2017, 08:44 PM
  2. is paid work disregarded for contribution to care package?
    By unn in forum Work - help & advice on work, training, jobs for disabled people
    Replies: 0
    Last Post: 06-14-2017, 06:41 PM
  3. Pip backpayment but no esa!!
    By fluffycustard in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 4
    Last Post: 09-23-2014, 01:46 PM
  4. Council Tax - disregarded people / discount
    By Lighttouch in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 2
    Last Post: 01-17-2014, 03:08 PM
  5. war pensions disregarded under new UC regulations
    By davewhit in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 1
    Last Post: 07-21-2012, 05:34 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •