- Posts: 2
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- backpay lumpsums affect on esa to uc migration
× Members
backpay lumpsums affect on esa to uc migration
- candra
- Topic Author
- Offline
Less More
6 days 3 hours ago #309413 by candra
backpay lumpsums affect on esa to uc migration was created by candra
Hello please can someone assist. On esa i received a considerable (>5000) lumpsum backpayment because they calculated I had been underpaid. This occured a few years ago. It put me above £6000 savings limit. My understanding is that this lumpsum isnt counted towards my savings limit for the life of the claim because the lumpsum exceeded £5000. Now im migrating to uc and need to know whether this carries forward migrating to uc or does it reset and therefore puts me over the savings limit? I hope this question is clear? Thanks for any advice
Please Log in or Create an account to join the conversation.
- David
- Offline
Less More
- Posts: 2912
5 days 17 hours ago #309415 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic backpay lumpsums affect on esa to uc migration
Hi candra
You back payment will continue to be disregarded during the time of your continuous UC claim as per guidance below-
www.legislation.gov.uk/uksi/2018/932/pdf...siem_20180932_en.pdf
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.
David
You back payment will continue to be disregarded during the time of your continuous UC claim as per guidance below-
www.legislation.gov.uk/uksi/2018/932/pdf...siem_20180932_en.pdf
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.
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.
- candra
- Topic Author
- Offline
Less More
- Posts: 2
3 days 12 hours ago #309481 by candra
Replied by candra on topic backpay lumpsums affect on esa to uc migration
Hello David thanks for your informative reply. Can you tell me where in the uc online application do I identify the previous esa backpayment ?
Please Log in or Create an account to join the conversation.
- David
- Offline
Less More
- Posts: 2912
3 days 9 hours ago #309485 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic backpay lumpsums affect on esa to uc migration
Hi candra
I think there is a question regarding back payments of Benefits but I cannot off hand remember where.
Personally I would send a Journal message after you have hit the submit button to the Case Manager by choosing as recipient A Payment and then remind them that your ESA back payment is disregarded by law for the duration of your UC claim.
David
I think there is a question regarding back payments of Benefits but I cannot off hand remember where.
Personally I would send a Journal message after you have hit the submit button to the Case Manager by choosing as recipient A Payment and then remind them that your ESA back payment is disregarded by law for the duration of your UC claim.
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, Keely