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Tribunal awards of over £5,000

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3 years 2 months ago #267959 by jace
Tribunal awards of over £5,000 was created by jace
Please can you tell me how the capital from a tribunal award of Personal Independence Payment, which results in backpay of over £5,000, is treated for the income related benefit one is also on. In this case, the recent award goes back to 2017 and will mean over £20,000. Does that count as capital after 52 weeks? Can you also, if it's not too much work, post the links to the relevant rules, either in the legislation or in the staff guides. Only if it's not too much trouble though.

Thank you for all your wonderful work!

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3 years 2 months ago #268027 by Gary
Replied by Gary on topic Tribunal awards of over £5,000
Hi jace

In some cases, this payment is not counted as savings for one year and will not affect your income related or means tested benefits during this time, such as UC.

However, where benefits have been underpaid because of:

* an official error
* an error on point of law

Any payments over £5,000 can be disregarded for the length of the claim or until the award ends.

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
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3 years 2 months ago #268141 by jace
Replied by jace on topic Tribunal awards of over £5,000
Sorry to be a pain, but I'd really like to get to the bottom of this. It seems to me that the area easily misinterpreted is the 'official error or error in law'.

The UC transitional regs 2014, schedule 10, don't have the 'official error or error in law' codicil and I'm hoping that's because a failure to award on the part of the DWP, when later corrected by FTT, MR or otherwise, is exactly that so it was unnecessary. Am I being foolish? Or is it a grey area like credits only ESA claims?

www.legislation.gov.uk/uksi/2014/1230/regulation/10A

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3 years 2 months ago #268152 by Gary
Replied by Gary on topic Tribunal awards of over £5,000
Hi jace

Under UC regs, there is no such thing as Official Error even if DWP are to blame.

Gary

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

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3 years 2 months ago #268154 by denby
Replied by denby on topic Tribunal awards of over £5,000
Very very sharp intake of breath. That is disgusting. Just shows the political trend imho.

In simple terms, do I understand that jace's PIP back-payment will slash their means tested UC if any over the relevant capital threshold remains after one year? Therefore jace must spend most of it quickly to avoid such losses, while keeping receipts to ward off allegations by DWP of notional capital??

If that is correct, spending it in ways that can even begin to make up for the lost to-meet-the-extra-costs-of-living-with-a-disability over four years or so will take some ingenuity.
Denby

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3 years 2 months ago #268278 by ANGELA
Replied by ANGELA on topic Tribunal awards of over £5,000
If the backpay is for PIP it is not counted as long as he/she is claiming PIP.

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