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UC turned down, appeal questions

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1 year 10 months ago #271019 by GottaBe
Replied by GottaBe on topic UC turned down, appeal questions
So would I!

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1 year 9 months ago #272312 by GottaBe
Replied by GottaBe on topic UC turned down, appeal questions
Also, citizens advice online says that with the limited capability for WRA element, i'll get an extra £354.28 a month, which sounds like a lot more than i used to get in ESA support group a few years ago. Does that mean that I'm in line for back pay for all the time I've been waiting to be assessed and then during the appeal? Cos having been on this benefit for nearly two and a half years (and minus the year and a half of the £20 a week uplift), i think i'm due about £9000 on that reckoning.

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1 year 9 months ago #272320 by Gary
Replied by Gary on topic UC turned down, appeal questions
Hi GottaBe

If you are appealing a decision and win then your claim is backdated to end of the assessment phase , the assessment phase starts from when you handed in your 'fit note'

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 9 months ago #272321 by GottaBe
Replied by GottaBe on topic UC turned down, appeal questions
(yr missing a post here from earlier where i told you i won my appeal!)

ok. so in that case, if i'm due thousands of pounds in backdated money, does that mean that I'm straightaway going to go over the savings limit and get my payments reduced?

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1 year 9 months ago #272323 by Gary
Replied by Gary on topic UC turned down, appeal questions
Hi GottaBe

Many congratulations on the award and well done.

Arrears or an ex-gratia payment are disregarded for 52 weeks after you get them.

If arrears are to compensate for an official error or an error on a point of law are £5,000 or more, they can be disregarded until the end of your award of the means-tested benefit.

ESA Regs, Sch 9, para 11; IS Regs, Sch 10, para 7; HB Regs, Sch 6, para 9A

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: GottaBe

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1 year 8 months ago #272371 by GottaBe
Replied by GottaBe on topic UC turned down, appeal questions
Hi,
I’ve put a couple of posts up here that got eaten and never appeared, possibly due to the heat, and the new software seems to make them harder to get back than before. So I’ve written this in the meantime and have waited to post it til the heat has died down a bit. If it doesn’t go up again then I’ll keep posting it until it works.

I just wanted to thank everybody who has contributed to this thread, who has helped me with questions and has encouraged me to carry on. I’ve spent well over two years on all this and have often wondered why I was bothering in the face of the DWP lying about me and ignoring evidence that was inconvenient to them, so I am deeply grateful to anyone who helped to get me to this point.

I’m also very grateful for the service that Benefits and Work has provided with their factsheets: in the end, my tribunal was actually pretty short because my paperwork was good and comprehensive, DWP just hadn’t read it. I’m sure it wouldn’t have been so well done had I not had all the help that I had.

I got a call from Universal Credit today to say that I was due a very large sum of money, and I got official notification of the decision in the post, so it’s all very final now.

Thanks again gb

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