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Thread: backpayment not disregarded

  1. #31
    thanks Nukecad
    but I still don't know if mine is counted as official error, or not


    ed. Re-reading their letter I realise it is not an MR - as it is exactly the same format as the previous one, only correct this time
    and it gives the option of making an MR

    Last edited by walker; 11-07-2019 at 05:32 PM.

  2. #32
    Nukecad - could I ask you - concerning your DMG post (p.3 of this thread)
    do you think that means my back payment is disregarded for life of ESA claim - or 52 weeks?

    sorry if I am being dim

  3. #33
    Senior Member nukecad's Avatar
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    The way that I read it is that if the backpayment is for over £5K (even if it's paid in installments), and if that backpayment is for Official Error, (which the IB-ESA cockup was) then the backpayment it is disregarded for the lifetime of your current IR ESA claim.

    A few of caveats-
    1. That is the DMG guidance, which is not the law but is what the DWP Decision Makers work to for 'Old Style' benefits. (It's ADM guidance for 'New Style' and UC).
      DWP guidance does not always conform with the law, and can be changed to suit current government policy without any reference to what the law actually says. - (Which is why they keep losing when taken to High Court).
    2. The Government/DWP have in the past (and in the High Court) tried to argue that it was not an Official Error at all but that the law was different back then and they didn't have to consider both IR ESA as well as CB ESA unless you asked them to.
      That was the 'Not before 2014 argument' which the High Court rejected. - But they could be trying it on again.
    3. Perhaps more relevant/important at the moment is that how the DWP DM's are allowed to decide just which savings are disregarded backpayment, and which are previous/later savings from a different source can be decided, that does not seem to metioned in any legislation or guidance that I can find at the moment.
    Last edited by nukecad; 11-08-2019 at 10:18 PM.
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  4. #34
    hmmmmmmmmmmm

    well despite my asking 3 or more times on the phone and once in writing - they still have NOT written to tell me whether my back payment is an official error or not - nor will they confirm in writing how long it is disregarded

    driving me even more nuts


    ed. of course my payment was not at the point of IB - ESA
    Last edited by walker; 11-08-2019 at 11:16 PM.

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