Results 1 to 6 of 6

Thread: ESA 14 week payment - deducted from UC?

  1. #1

    ESA 14 week payment - deducted from UC?

    I have just received a 14 week lump sum ESA payment based on my Nat Ins contributions. I have been on Universal credit since last December due to illness. The letter states that the weekly payments will be deducted from my weekly UC amount. However, will this 14 weeks worth of payments also be deducted? ie: will my Universal Credit not be paid for two months? Many thanks for any advice on this.

  2. #2
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    9,133
    If you have recieved it as a lump sum then yes it should be deducted from UC, because you have recieved payment of two overlapping benefits for the same time.

    Realy they shouldn't have made the ESA backpayment if you were claiming UC, see 1.17 in the quote below, but ESA may not have known that you were claiming UC or may have done it for adminiatrative reasons without fully explaing those reasons.
    See my PS at the bottom.

    Any overlapping/double payment like that will be classed as an overpayment of UC for those 14 weeks. See 1.18 in the quote below.
    They can ask for it back as a lump sum (if you haven't already spent it), or it will be recovered over time by an extra deduction from UC above the ongoing deduction that you will have for your ongoing CB ESA payments.

    If you feel that the extra deduction is too much then you can ask to have it reduced, if they agree then it will then take longer to recover.

    https://www.gov.uk/government/public...recovery-guide
    Overpayment due to late award of other benefit/income

    1.17 A claimant can be entitled to 2 benefits for the same period, where one of the benefits is taken into account when calculating the award of the other benefit. Administrative arrangements exist to avoid a claimant being paid arrears of the benefit that has to be taken into account.

    1.18 Where the process fails, legislation allows any overpayment caused by the failure to be recovered from the claimant. It also applies where any income that is taken into account when calculating the award of a benefit is paid late and we were unable to take the income into account against the benefit for the correct period.
    The DWP have not been recovering benefit overpayments during Covid, but they have started to recover some of them now.

    PS. Did you get an award of Support Group for CB ESA? (I'm assuming so if you got backpay).
    If you did then tell UC and your UC will also be increased by the LCWRA element, and that UC increase can be backpaid - which will more than wipe out the UC overpayment due to the ESA backpay.
    If that's the case then it's just an accounting excercise and you will end up better off overall once it's all sorted out and settles down.

    The dates on which you claimed each benefit, and what ESA you have been awarded, would help us better work out what has happened here.
    Last edited by nukecad; 27-09-20 at 16:42.
    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.

  3. #3
    Hello and thank you for your reply. I signed up to UC last December when I was diagnosed with bowel cancer. I took all my self employed NI contribution printouts with me to my appointment but they said I would just needed to apply for UC. I had an invalidity assessment due in March but of course it was cancelled. I have been submitting sick notes since last December but am on basic UC and rent allowance. When things started opening up again in July I had a routine call from the job center. I said I was still waiting for an assessment and the lady suggested I try for PIP. This was the first time it was mentioned to me and I have applied but that is still being processed. Then around 14 weeks ago I went online and thought what the hell and applied for the new ESA. The letter arrived yesterday, hence no one available to call. I am to receive £74.35 a week which is to be deducted from my household's UC award. I can't find anything on the letter which tells me what group I have been assigned. It does mention I may need to attend a work focus interview and must provide medical certificates until a work capability assessment is carried out.
    Thank you for your help.

  4. #4
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    9,133
    That's fine, you haven't had a Work Capability Assessment yet so have not been awarded a group (or a UC Limited Capability) yet.
    The one assessment does for both benefits.

    It's correct that you will need to provide Fit Notes until you can have an assessment and be awarded a group/element.
    I believe that you need to provide them to both ESA and UC, but you should check that. (I'd send them to both anyway to cover yourself).
    You can send them to ESA online by scanning or photographing them: https://www.gov.uk/send-fit-note
    I'm not sure what UC are doing at the moment, normally you have to take them to the jobcentre but because of Covid I think that you just have to tell them on your journal that you have one. It keeps changing so again I would check with UC.

    If ESA have paid you a 14 week lump sum backpayment then there will have been a 14 week UC overpayment of the same amount and they will want it back, either as a lump sum or deducted over time.
    Which is why I said above that ESA shouldn't really have given the backpayment in your particular circumstances, because now it has to be deducted from UC.
    It should have been sorted out internally, but it's ofen a Left hand/Right hand situation with communication between ESA and UC departments.

    Keep checking your UC journal for information about that. (Or they may send you a letter).

    PS. The benefit of having both CB ESA and UC is that CB ESA is not affected by any savings or income (or partners income) whereas UC would be.
    So if there are no savings/other income then it makes no difference to your overall benefits because ESA gets deducted from UC.
    That's probably why they said in December that you only needed to apply for UC, because you wouldn't get any more money by applying for NS CB-ESA as well.

    Unless you are awarded Support Group/LCWRA following assessment then New Style CB ESA will end after 52 weeks.
    If you are awarded Support Group/LCWRA then both ESA and UC will increase (and be backpaid).
    Last edited by nukecad; 28-09-20 at 15:10.
    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.

  5. #5
    Thank you very much for your help clarifying this for me. I shall await the letter about returning the money, though I may have spent a little by then . Many thanks again, this is a great service when it's just about impossible to get answers over the phone. ????

  6. #6
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    9,133
    Thanks, but I'm not sure about a 'service'.

    We are just people who have been through it ourselves and are willing/able to stick around and learn what's going on to give others the help we could have done with.
    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. DLA to PIP - Lose 1 week's money 4 weeks' & 2 days' after last DLA payment
    By Firebrand in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 2
    Last Post: 20-01-18, 18:08
  2. Pip points deducted for no reason ???
    By jayjay26 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 6
    Last Post: 22-07-15, 14:52
  3. Boyfriend applied for ESA, got deducted lots of money due to my student finance loan.
    By MelissaProsser in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 8
    Last Post: 26-10-14, 13:39
  4. Money towards interest only mortgage housing costs deducted from ESA no explanation.
    By Mrs_W in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 8
    Last Post: 22-02-13, 23:44
  5. child benefit being deducted from is
    By tammy2k12 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 5
    Last Post: 29-07-12, 16:36

Posting Permissions

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