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Backdated SDP
- Janeyja
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2 days 3 hours ago #303840 by Janeyja
Backdated SDP was created by Janeyja
Hi guys, just looking for some advice please. Back in April 2024 I was told by a benefits advisor I was entitled to SDP as I moved alone into an annex on my son’s property! Fast forward June 2024 I received a call from the DWP explaining that I had informed them of this change back when I moved in 2019 and as this had been missed on their part I was due a four figure lump sum! (Yes my chin hit the floor) at the time the very nice gentleman told me at no point could this lump sum of money be taken into consideration throughout the lifetime of being on benefits! So I received a letter last month telling me I needed to migrate from ESA to UC, which was done successfully until I can now see they are removing £75 each month due to the amount of money I have left from my lump sum back in 2024! No amount of explaining and asking them to go back and listen to the call i received on the date in question seems to be helping my case so any advice would be greatly appreciated! Many thanks
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- David
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2 days 2 hours ago #303851 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Backdated SDP
Hi Janeyja
The UC Agent has made a mistake. You can send them a Journal message quoting below--
EXPLANATORY MEMORANDUM TO
THE SOCIAL SECURITY (TREATMENT OF ARREARS OF BENEFIT)
REGULATIONS 2018
2018 No. 932
"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 ends."
The UC Agent has made a mistake. You can send them a Journal message quoting below--
EXPLANATORY MEMORANDUM TO
THE SOCIAL SECURITY (TREATMENT OF ARREARS OF BENEFIT)
REGULATIONS 2018
2018 No. 932
"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 ends."
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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