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 	 	ESA-to-UC migration: where does legal settlement for discrimation go?
- Cassolotl
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 		 			 	 						8 months 1 week ago				#299817 		by Cassolotl 	  	 		 			 	    			 			 		 													
 	 				ESA-to-UC migration: where does legal settlement for discrimation go? was created by Cassolotl			
  			 				Hi!
 
So, I'm doing the ESA-to-UC managed migration thing. I know the maximum amount of capital you can have without them docking your payments is £6,000. I have £8,000, because last month I received £2,000 in a settlement from a disability discrimination claim.
 
The form is very straightforward so this seems obvious but I'm very stressed about this so I just want to double-check - would this £2,000 come under "compensation"? So would that look like this if filled in correctly?
  
  					So, I'm doing the ESA-to-UC managed migration thing. I know the maximum amount of capital you can have without them docking your payments is £6,000. I have £8,000, because last month I received £2,000 in a settlement from a disability discrimination claim.
The form is very straightforward so this seems obvious but I'm very stressed about this so I just want to double-check - would this £2,000 come under "compensation"? So would that look like this if filled in correctly?
This is what you have told us about your money, savings and investments:
Amount in bank account ending ****, You want your payments made into this account, £2,000.00
Current account ending ****, [Name of bank], £2,000.00
ISA account ending 3161, [Name of bank], £4,000.00
Your properties or investments: I do not have any of these
Compensation payments: £2,000.00
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 			 	 						8 months 1 week ago				#299818 		by David 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by David on topic ESA-to-UC migration: where does legal settlement for discrimation go?			
  			 				Hi Cassolotl
 
Unfortunately a settlement from a discrimination claim is not compensation as far as Universal Credit is concerned. I cannot find any reference in the following DWP guidance that would support such an interpretation.
assets.publishing.service.gov.uk/media/6...a508a22d5d/admh2.pdf
 
Which tribunal made the judgement and who made the payment?
 
David
  							Unfortunately a settlement from a discrimination claim is not compensation as far as Universal Credit is concerned. I cannot find any reference in the following DWP guidance that would support such an interpretation.
assets.publishing.service.gov.uk/media/6...a508a22d5d/admh2.pdf
Which tribunal made the judgement and who made the payment?
David
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 			 	 						8 months 1 week ago				#299819 		by Cassolotl 	  	 		 			 	    			 			 		 													
 	 				Replied by Cassolotl on topic ESA-to-UC migration: where does legal settlement for discrimation go?			
  			 				> Which tribunal made the judgement and who made the payment?
 
It never even made it to court! The payment was from the organisation who the claim was against, or from their insurers or legal guys or something.
 
It would come under "personal injury", as a claim against someone who discriminates based on disability is on the basis of injury to feelings.
 
That's a really useful PDF, thanks!
 
So I guess it's down to whether settlements are considered equivalent to a court order to pay?
  					It never even made it to court! The payment was from the organisation who the claim was against, or from their insurers or legal guys or something.
It would come under "personal injury", as a claim against someone who discriminates based on disability is on the basis of injury to feelings.
That's a really useful PDF, thanks!
So I guess it's down to whether settlements are considered equivalent to a court order to pay?
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- David
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 			 	 						8 months 1 week ago				#299821 		by David 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by David on topic ESA-to-UC migration: where does legal settlement for discrimation go?			
  			 				Hi Cassolotl
 
You say " The payment was from the organisation who the claim was against, or from their insurers or legal guys or something."
When you say organisation do you mean a not for profit body or a local authority?
There would have been explanatory paperwork and you would normally have been asked to sign an acceptance agreement which I suppose you have a copy of.
 
David
  							You say " The payment was from the organisation who the claim was against, or from their insurers or legal guys or something."
When you say organisation do you mean a not for profit body or a local authority?
There would have been explanatory paperwork and you would normally have been asked to sign an acceptance agreement which I suppose you have a copy of.
David
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 			 	 						8 months 1 week ago				#299823 		by Cassolotl 	  	 		 			 	    			 			 		 													
 	 				Replied by Cassolotl on topic ESA-to-UC migration: where does legal settlement for discrimation go?			
  			 				It was CrossCountry, the train company. I'm not sure that this is relevant to my question?			
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 			 	 						8 months 1 week ago				#299824 		by David 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by David on topic ESA-to-UC migration: where does legal settlement for discrimation go?			
  			 				Hi Cassolotl
 
Did you sign an agreement?
 
David
  							Did you sign an agreement?
David
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