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Thread: Backdated PIP and Means Tested Benefits

  1. #1

    Backdated PIP and Means Tested Benefits

    Hi guys

    I was told to call the Housing Benefit section today to advise of a change in circumstances re: tribunal win for PIP.

    However, I am extremely concerned that as it stands I would receive £4800 from PIP backdate and £4560 from ESA backdate and as that amount is above the £6000 housing benefit allowance for capital, I'm going to end up losing my housing benefit and council tax support altogether.

    I have read about a 52 weeks disregard but not sure how this works. As my backdate is for 60 weeks approximately, would that mean 52 of those weeks would be disregarded but for the other 8 weeks - and the fact that I'm over the £6,000 threshold - I would have to pay full housing and council tax for those 2 months? It would seem very unfair that I would end up having to pay over £1,000 due to housing and council tax loss because I had to wait for months on end for my PIP to actually come through. Or is it I have 52 weeks to get under the £6,000 from the 11th November 2014 to get under the £6,000 but keep receipts in case the council claim I deprived myself intentionally?

    Any advice would be welcome

    Slash1975

  2. #2
    Senior Member
    Join Date
    Mar 2014
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    1,449
    The money is disregarded for 52 weeks from the decision so should not affect your means tested benefits during that time. If the capital is reduced to below the threshold by the end of the 52 weeks there will be no effect at all on your other benefits, but you should keep receipts to show that you haven't spent inappropriately just to deprive yourself of the capital. You should inform them that you are in receipt of the back pay at the outset so that everything is above board.

  3. #3
    Senior Member
    Join Date
    May 2012
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    1,465
    apart from the amount being disregarded for 52 weeks, there is another matter you need to be aware of, that is the ESA backpay.

    pip will be disregarded for HB/CT but your esa will be counted, as youv'e been given a bigger allowance of HB/CT while not getting esa you have now been given esa for those weeks without,so HB will be readjusted to reflect that.

    hope you can decipher what i am trying to say.

  4. #4
    Bear in mind, getting PIP will also increase your allowable income for HB purposes, so even though the ESA goes up, so will your allowance. If thats your only income, I think your housing benefit will likely be the maximum allowed for your circumstances.

  5. #5
    Ty for ur replies

    I have typed into a couple of benefits calculators and they both give £177 for ESA (the ESA, Severe Disability Premium and Enhanced Disability Premium), £98.08 full housing benefit which is the max in my LHA and then the £81.30 for PIP.

    Benefits are my only source of income as well.

    I do have considerable debts like Gas and Electric are over £2,000 and council tax plus TV licence needs paying too. I have non priority debts galore like credit cards and online catalogue so all of these will be paid off once the backdates come in.

  6. #6
    Senior Member
    Join Date
    Dec 2012
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    2,782
    If, as you said elsewhere, the DWP are contesting the decision of your PIP Tribunal you won't be receiving any payment just yet at least. It will be deferred until after they've decided for definite whether or not they will challenge it and if they do it won't be at least until you've had the outcome of that UTT Hearing. If they succeed there your case will in all probability be referred back for another LT Tribunal - with a 'Direction'.

    Don't make any plans on it until you hear something definite, your ESA isn't affected by all this though.
    Last edited by Jard; 14-11-14 at 14:03.

  7. #7
    When I called on Tuesday afternoon, I think I heard the word 'appeal' and thought doom and gloom.

    A couple of hours ago today, I got a call from the DWP asking questions like going abroad, in hospital or even in prison! At the end of the call he stated that it would take around 2 weeks for the funds to go into my bank as it requires a management check with it being such a large backdate.

    Hope it means that it will go smoothly from 'ere - all I can do is wait!

    Slash1975

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