× Members

Sdp disregard UC

More
2 days 3 hours ago #303666 by Agis
Sdp disregard UC was created by Agis
I wrote on this forum before as I was seeking clarification on the disregard period for SDP backpayment.

I was told that the money I had received would be disregarded for the entire period of my Universal Credit claim.

I was prolonging migration to the Universal Credit because I wanted to get all the answers before I do from the DWP through my MP.

At first they told me some amount will be disregarded, later they said that the whole amount will be disregarded for the life of the Universal Credit claim.

They gave me letters stating it would be disregarded as an official error or error of law for the life of the claim but only until legacy benefits will be abolished and that after that standard period of 12 months would apply.

When I wrote back to the MP for them to clarify if this is going to be classed as an official error or error of law(which one is it) they came back with the reply that it was just reassessment of my entitlement but it still would be disregarded for the life of the Universal Credit claim.

I feel I made a mess out of the situation wanting that extra clarification from the MP as they had come back with the rude answer that this is going to be disregarded for the Life of the claim but said that it wasn't an error that it was just reassessment of my entitlement.

I am very worried as I need to make application by Sunday for Universal Credit and I feel I shot myself in the foot by wanting that additional clarification from them as they came back with an answer that it was reassessment of my entitelmemt but it still will be disregarded for the life of the UC Claim.

In addition to that I am in a support group for ESA and I think I was due for a review this coming August. If I migrate to Universal Credit this weekend will there be a health assesmemt.

I am really worried what I had created mess for myself

Please Log in or Create an account to join the conversation.

More
1 day 12 hours ago #303697 by David
Replied by David on topic Sdp disregard UC
Hi Agis

The important part of the text is that it is going to be disregarded for the full lifetime of the UC claim.
You will need to type out the full text here to check if there is any qualification to this.

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.

More
7 hours 19 minutes ago #303720 by ANGELA
Replied by ANGELA on topic Sdp disregard UC
OVER 5K and due to DWP error/ error of law, the money is disregarded*
If paid under ESA this ‘disregard’ continues when you move to UC (underlying entitlement).

LESS than 5K you have 12 months to spend it. *This can be at the DMs discretion.
Check the amount and the date.

The Universal Credit (Transitional Provisions) Regulations 2014
*10A* (Arrears of benefit disregarded as capital)

In layman's terms, if it wasn’t counted as capital by the DWP whilst you were claiming ESA, it won’t be counted as capital when you move to UC. IF THE AMOUNT IS OVER 5K.

I would however google the above regulation and print out.
Then you always have it and can quote it when you need to.

I am not a lawyer. I have researched this for myself.
You need to know the Law as the DWP rarely does…

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid