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TOPIC: ESA income Arrears from migration to IB

ESA income Arrears from migration to IB 1 month 1 week ago #221038

Hello

I have been given the regs (below) about back payments above £5000 but what about arrears that are below £5000. Are these also disregarded for the lifetime of the award and for things like housing benefit etc?

Many thanks

"Within legacy income-related benefits and Universal Credit (UC) there are provisions
for benefit arrears or any payment made to compensate for arrears due to the nonpayment
of benefit, to be wholly ignored (“disregarded”) in the calculation of a
person’s capital. In the legacy benefits this is for a period of 52 weeks from the date
of receipt. However, in the circumstances where the arrears amount to £5,000 or
more and became payable as a result of official error, they are disregarded for 52
weeks from date of receipt or, if the relevant sum is received in its entirety during the
award of an income-related allowance, for the remainder of that award if that is a
longer period, except in the case of State Pension Credit and Housing Benefit
(Persons who have attained the qualifying age for state pension credit) where they are
disregarded until the award comes to an end. In effect, the arrears are excluded from
the calculation of the beneficiary’s capital for the lifetime of their award. In UC,
benefit arrears or compensation for the late payment of benefits are disregarded for a
period of 12 months from the date of receipt; there is no provision for the payments to
be disregarded for a longer period if paid out for official error.
6.3 This instrument in respect of the legacy income-related benefits extends the existing
disregard provisions to include amounts of £5,000 or more which become payable as
a result of an error on a point of law. This will prevent claimants who might receive
arrears of this magnitude from being disadvantaged if the relevant sum was otherwise
to be taken into account as part of their capital. "

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ESA income Arrears from migration to IB 1 month 5 days ago #221065

  • Gordon
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Asbo

I'm sorry but I don't know what you are quoting from so I can't comment on it. Please provide a link.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA income Arrears from migration to IB 1 month 5 days ago #221117

It's from this: THE SOCIAL SECURITY (TREATMENT OF ARREARS OF BENEFIT) REGULATIONS 2018 .pdf

I don't know how to upload a PDF here but that's the reference

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ESA income Arrears from migration to IB 1 month 5 days ago #221123

  • Gordon
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Asbo

I've done some searching but as far as I can see only the standard 52 weeks applies.

Gordon

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ESA income Arrears from migration to IB 1 month 5 days ago #221125

OK, thanks. As mine is under £5000 then I'll treat it as 52 weeks only:

This part of the legislation though makes it confusing as it was an error in law: " 6.3 This instrument in respect of the legacy income-related benefits extends the existing
disregard provisions to include amounts of £5,000 or more which become payable as
a result of an error on a point of law. This will prevent claimants who might receive
arrears of this magnitude from being disadvantaged if the relevant sum was otherwise
to be taken into account as part of their capital. "

Others seem to think that it's for the lifetime of the award but I don't want to risk being clobbered

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ESA income Arrears from migration to IB 1 month 4 days ago #221147

  • Gordon
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Asbo

You can always ask the DWP for written clarification.

Gordon

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