PIP Backdated does this affect ESA

Lucy_willow

Dear readers.
I won Pip tribunal yesterday after 18 month wait.
Have been awarded backdated sum plus PIP
The backdated sum is a scarey amount of money for me.
It's around 9000 pounds
Will it affect my ESA and housing benefit which is all I was previously getting.
I have a learning disability so I am confused and worried.
Should I save the 9000 or spend it?
I wish they had just paid what I was entitled to from the start rather that have such money like this.
I would appreciate advice please.

poppy12345

Lucy_willow wrote: »

Dear readers.
I won Pip tribunal yesterday after 18 month wait.
Have been awarded backdated sum plus PIP
The backdated sum is a scarey amount of money for me.
It's around 9000 pounds
Will it affect my ESA and housing benefit which is all I was previously getting.
I have a learning disability so I am confused and worried.
Should I save the 9000 or spend it?
I wish they had just paid what I was entitled to from the start rather that have such money like this.
I would appreciate advice please.

This money is disregarded for 52 weeks for all means tested benefits.


Is you ESA Income related or Contributions based and Do you live alone or classed as living alone?

Lucy_willow

Yes I live alone. Was given high rate mobility and standard care. My esa is support group and income based. I think. I have never worked full time due to Autism Adhd and Colitis

Lucy_willow

I just got a house close to my mother so I can try to live independently as possible.

poppy12345

Then you'll also be entitled to the Severe disability premium on top of your ESA. It's an extra £64.30 per week. To claim it you need to ring ESA and either ask to fill out the form over the phone or ask them to send you the IS10 form to claim SDP. It's also backdated to the start of your PIP award.


You will of course need to wait for DWP to acknowledge your PIP Tribunal win before claiming this.



If your mum claims Carers Allowance for looking after you anytime in the future then you won't be entitled to this SDP.

Alice_Holt

Hi Lucy,

As poppy says the money won't affect your ESA and housing benefit.
I suggest you let the Housing Benefit people know that you have now been awarded PIP (and the backdate).

Normally you can have £6,000 of savings without it affecting your means tested benefits, so you may want to keep some as savings to cover unexpected future costs or replacements.
I'd suggest you also use it to make your life easier, and to enable you (perhaps) to join a few groups and be able to do a few more activities.

Don't be worried - it won't stop or reduce your ESA and HB.

I think this applies in your case:
"However, where benefits have been underpaid because of:
an official error
an error on point of law
any payments over £5,000 can be disregarded for the length of the claim or until the award ends."


Well done on winning your tribunal.

And as poppy has said you are now entitled to the Severe Disability Premium on your ESA.
https://www.turn2us.org.uk/Benefit-guides/Severe-Disability-Premium/What-is-a-Severe-Disability-Premium

Lucy_willow

Thank you for your kind advice. I really don't want the enhanced SDP on ESA though. I am rubbish with money I don't know what to do with it so don't want any more to be responsible for. .
I cannot hope for a career of any sort as I have 87%. Autism quotient and am incapable of concentration for hardly any time and my behavior is unpredictable and often loss of control. I also have limited physical mobility..
I am going to replace my missing tooth and get my car cleaned.. And treat my dog to a grooming session. I bought a bakery sandwich today and felt like I was being extravagant ! I have been surviving on 125 per week and have no idea how to manage money or even spend it wisely.

poppy12345

Lucy_willow wrote: »

Thank you for your kind advice. I really don't want the enhanced SDP on ESA though. I am rubbish with money I don't know what to do with it so don't want any more to be responsible for. .
I cannot hope for a career of any sort as I have 87%. Autism quotient and am incapable of concentration for hardly any time and my behavior is unpredictable and often loss of control. I also have limited physical mobility..
I am going to replace my missing tooth and get my car cleaned.. And treat my dog to a grooming session. I bought a bakery sandwich today and felt like I was being extravagant ! I have been surviving on 125 per week and have no idea how to manage money or even spend it wisely.

I understand what you're saying but you really should claim what you're entitled to. If no one is planning on claiming carers allowance for looking after you then you'll be entitled to the SDP on top of your ESA.

Alice_Holt

poppy12345 wrote: »

I understand what you're saying but you really should claim what you're entitled to. If no one is planning on claiming carers allowance for looking after you then you'll be entitled to the SDP on top of your ESA.

FWIW I agree with poppy. But I also understand what you are saying. I would just have a think about what could improve your life, which up till now has been financially out of reach.

Randomly:
Do you have a MIND group locally?
https://www.mind.org.uk/information-support/local-minds/
The money could pay for a taxi to get you any local activities.

Or perhaps the additional money may enable you to get relevant help / counselling?
Would you GP be aware of anything local?

But you would have a better idea.
Anyway,

Best wishes.

calcotti

Alice_Holt wrote: »

I think this applies in your case:
"However, where benefits have been underpaid because of:
an official error
an error on point of law
any payments over £5,000 can be disregarded for the length of the claim or until the award ends."

I don’t think tribunal decisions that change a DWP decision make the original decision official error. Although the original decision has been found to be wrong I don’t think it’s an error on a point of law. In this case I think it is only the 52 week disregard that applies.

However am struggling to confirm definition of official error and how this relates to tribunal decisions so unable to confirm either way.

Tasha86

Seeing this post has given me a confidence boost, iv been waiting nearly 60 weeks for a tribunal date worrying everyday! Congrats on winning your appeal!

Great advice above from the other members!