- Posts: 1
× Members
Benefit Overpayment
- Essie
- Topic Author
- Offline
Less More
2 days 3 hours ago #308733 by Essie
Benefit Overpayment was created by Essie
I am migrating from ESA to UC. A year ago I got a huge payment of over £20,000 as DWP had wrongly not been paying me Severe Diability Allowance. This is in an isa. I have declared it. I got a Letter from DWP saying that this amount would be disregarded "for the length of my claim" but I am worried that they will consider that my claim (for ESA) has now ended and not give me UC? Any advice please?
Please Log in or Create an account to join the conversation.
- David
- Away
Less More
- Posts: 2804
1 day 11 hours ago #308744 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Benefit Overpayment
Hi Essie
Your £20,000 will be disregarded for as long as you keep your UC claim open as per guidance below.
6.4 In respect of UC, this instrument provides that any benefit arrears or payment made to compensate for arrears due to the non-payment of benefit, of £5,000 or more which are received whilst a claimant is getting UC, or were received during an earlier award of a legacy income-related benefit and the claimant migrated to UC within one month of their earlier award ending, and would have been disregarded, or were disregarded, in respect of the earlier award (as a result of official error or an error on a point of law), will benefit from the extended disregard until their current UC award ends.
www.legislation.gov.uk/uksi/2018/932/pdf...siem_20180932_en.pdf
David
Your £20,000 will be disregarded for as long as you keep your UC claim open as per guidance below.
6.4 In respect of UC, this instrument provides that any benefit arrears or payment made to compensate for arrears due to the non-payment of benefit, of £5,000 or more which are received whilst a claimant is getting UC, or were received during an earlier award of a legacy income-related benefit and the claimant migrated to UC within one month of their earlier award ending, and would have been disregarded, or were disregarded, in respect of the earlier award (as a result of official error or an error on a point of law), will benefit from the extended disregard until their current UC award ends.
www.legislation.gov.uk/uksi/2018/932/pdf...siem_20180932_en.pdf
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, latetrain, BIS, Catherine, Chris, David, Angel