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Another DLA question

Ianslife
Ianslife Posts: 4 Newbie
edited 16 July 2011 at 12:32PM in Benefits & tax credits
After two years of fighting with the DWP (often with teeth and nails) they have finally relented and awarded me high rate mobility and low rate care.
My real concern now is that I have been told that when I receive all the back-dated payments it will take my savings over the £6,000 limit to which the tax/DWP depts. look to before affecting my benefits. Is this correct or am I missing something. Will this award affect my I/S for instance (I am married and have an 8 yr old daughter, if this makes any difference). Also roughly how long does it take from receiving the award notice to actually getting any money from them?

Hope this makes sense to someone and many thanks in advance for your answers.

Ian.

Comments

  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    On what grounds do you get income support?
  • Hammyman
    Hammyman Posts: 9,913 Forumite
    You should get the money in a couple of weeks following the notice. I don't think you need to worry about the £6k as DLA doesn't count towards means tested benefits and its due to an underpayment.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    Hammyman wrote: »
    You should get the money in a couple of weeks following the notice. I don't think you need to worry about the £6k as DLA doesn't count towards means tested benefits and its due to an underpayment.

    DLA doesn't count _as_income_ for means tested benefits.

    After the period it's due - which is after the period it's paid has passed - it may count as capital. (52050)
    Taking as an example the capital rules for ESA.
    http://www.dwp.gov.uk/docs/dmgch52.pdf

    52495 - arrears of certain benefits (including DLA) are exempt from capital rules for 1 year.

    However - this mentions 52510 - which states that if the payment is over 5K, while a ESA(IR) award continues, if the payment of the arrears happens during that award, the capital is ignored (or for 52 weeks).

    A glance at the capital rules for IS http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/ indicate the same applies.
  • On what grounds do you get income support?

    Sorry I should have explained better, my wife and I are both disabled and we have our daughter Holly who is 8 yr old.

    I knew the benefit isn't means tested but our savings are and although we don't have any just yet, when this back dated money goes into our account it will become "savings" and as such will be counted. I know most of it will go out pretty soon (wheelchair and other aids) but will DWP want evidence to show where this money has gone?

    Benefits are a minefield to me and I only managed to get an award at all because of the awesome help and advice of our local C.A.B.

    Thanks for your quick answers so far. :T

    Ian
  • Thank you so much "rogerblack" that is a great weight off my mind :T

    (Sorry as a newby I'm not allowed to quote your comment because it contains links :beer:)
  • kaya
    kaya Posts: 2,465 Forumite
    Part of the Furniture Combo Breaker
    why are you on is? if you get dla surely you should get incapacity benefit instead, i only ask as incapacity benefit is not means tested, im sure that backpay they owe you is all going to be given to your friend who has been paying your bills for you until it was sorted out by dwp anyway ;-)
  • dave030445
    dave030445 Posts: 1,001 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    On what grounds do you get income support?
    Here we go again. Does it really matter on what grounds the OP gets IS, the OP says she gets it end of. Answer the question that the OP is asking.
  • dave030445 wrote: »
    Here we go again. Does it really matter on what grounds the OP gets IS, the OP says she gets it end of. Answer the question that the OP is asking.

    I wasn't sure why it made any difference but hey, what the .... I don't mind if it helps with my question :)
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    dave030445 wrote: »
    Here we go again. Does it really matter on what grounds the OP gets IS, the OP says she gets it end of. Answer the question that the OP is asking.

    Getting the full picture is important when giving people advice on benefits.
  • dave030445
    dave030445 Posts: 1,001 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Getting the full picture is important when giving people advice on benefits.
    It really doesn't matter on what grounds the OP gets IS in this case.
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