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SDP Backpayment advice
- lollo1
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22 hours 51 minutes ago #304027 by lollo1
SDP Backpayment advice was created by lollo1
Hi can anyone advice on what the rules are when you migrate from ESA support group to Universal Credit after a large payment for backdated SDP. Our son has been awarded over £22000 for backdated SDP and we are wondering if this will be affected when he migrates from ESA to Universal Credit. The gentleman who contacted me said a letter will be coming out that states it will be disregarded for the lifetime of the ESA award as it was an error on DWP side. But will this continue when he migrates and will it cause any issues. Will they want a load of bank statements as things have been a mess as for all I am his appointee his PIP payments always went into my account as he was on DLA as child then went over to pip when he was 16 so the bank details stayed the same and we just transfer his money over to him. But when he was 19 he applied for ESA without my knowledge and his ESA money has always gone into his own account which is something I have never had any control over. I have recently got a new account with joint names ready for when he transfers to universal credit. He has mental health problems, learning disability and memory issues so god knows what his account looks like. As he refused to make that one a joint account. I am ill incase anything on his sole account is out of order but he gets really angry just talking about it. I know he isn't over the limit of £6000 and we have also had to help support him finacially as he was struggling to pay his bills.
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- David
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20 hours 3 minutes ago #304051 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic SDP Backpayment advice
Hi lollo1
As the Appointee you are responsible for administering all your son's Benefits. If there are any questions to be asked they will be directed to you and not your son.
The £22,000 will be disregarded for the duration of a continuous UC claim after Managed Migration. You may have to quote the following legislation as there are a lot of mistakes being made at present by inept Work Coaches.
EXPLANATORY MEMORANDUM TO THE SOCIAL SECURITY (TREATMENT OF ARREARS OF BENEFIT) REGULATIONS 2018 2018 No. 932
www.legislation.gov.uk/uksi/2018/932/pdf...siem_20180932_en.pdf
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.
David
As the Appointee you are responsible for administering all your son's Benefits. If there are any questions to be asked they will be directed to you and not your son.
The £22,000 will be disregarded for the duration of a continuous UC claim after Managed Migration. You may have to quote the following legislation as there are a lot of mistakes being made at present by inept Work Coaches.
EXPLANATORY MEMORANDUM TO THE SOCIAL SECURITY (TREATMENT OF ARREARS OF BENEFIT) REGULATIONS 2018 2018 No. 932
www.legislation.gov.uk/uksi/2018/932/pdf...siem_20180932_en.pdf
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.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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