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SDP Disregard
- lollo1
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6 days 9 hours ago #304356 by lollo1
SDP Disregard was created by lollo1
Hi our son has received backdated SDP to the sum of £22500. The letter that has come has mentioned the total amount but does not mention anything about disregard or error on DWP side. The gent on the phone who contatced me last week did say it would be disregarded for the length of his claim for income related ESA. The amounts that went in were in individual payments of £5000 each and a one for £2500 all in the same day. Will this be disregarded when he comes to migrate over to UC or do I need something in writing from DWP. Many thanks.
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- David
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5 days 16 hours ago #304403 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic SDP Disregard
Hi lollo1
You may have to quote the following at some time in the future--
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
You may have to quote the following at some time in the future--
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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- lollo1
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5 days 14 hours ago #304406 by lollo1
Replied by lollo1 on topic SDP Disregard
Thank you so much, the initial letter just says after a change in circumstances it doesn’t mention anything about disregard although the gentleman who called did mention it as long as he was on esa. If my interpretation of the above means that the £5000 amounts that went in would be disregarded. Also does it mean you have to migrate within one moth from esa to us after receiving the migration notice. Sorry for not understanding this.
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- David
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5 days 12 hours ago #304409 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic SDP Disregard
Hi lollo1
He will be migrated to UC this year and the transition is immediate. So nothing to worry about there.
David
He will be migrated to UC this year and the transition is immediate. So nothing to worry about there.
David
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- lollo1
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1 day 5 hours ago #304575 by lollo1
Replied by lollo1 on topic SDP Disregard
Hi David sorry to sound stupid but is it disregarded due to the amount being over £5000. The reason I ask is that citizens advice said it would be disregarded indefinitely whilst on IR ESA but once he migrated over to UC it would only be disregarded for 12 months from the migration date.
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- Gary
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1 day 1 hour ago #304582 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic SDP Disregard
Hi lollo1
You do not sound stupid, the answer to your question is yes, read David's post above and click on the link.
Gary
You do not sound stupid, the answer to your question is yes, read David's post above and click on the link.
Gary
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