dwp overpayment

calcotti

debs.c wrote: »

the letter doesnt state a 12 month disregard but im aware of it now, thanx guys

The 12 month disregard doesn't apply if you have been told it is for the lifetime of your benefit award. From memory, if the amount you have received is more than £5,000 it will be the lifetime of the award.

debs.c

maybe just a little forum party then

Britannia12345

If you spend the interest each year does it no longer count towards your savings limit?

calcotti

Britannia12345 wrote: »

If you spend the interest each year does it no longer count towards your savings limit?

If you haven’t got it doesn’t count unless the expenditure is considered unreasonable and treated as deliberate deprivation of capital for the purpose of claiming benefits.

Sheepski

calcotti wrote: »

From memory, if the amount you have received is more than £5,000 it will be the lifetime of the award.

That's not always the case; I've had them where backpayments of around £10k have only had the 1 year limitation placed on it.

calcotti

Sheepski wrote: »

That's not always the case; I've had them where backpayments of around £10k have only had the 1 year limitation placed on it.

I should have been more precise. The £5,000 threshold applies if the payment isa results official error or an error in law. If the arrears payment referred to by OP is due to incorrect IB to ESA transfer the £5000 threshold will apply and any payment over this will be ignored for the lifetime of the ESA award.

If claimant receives an arrears payment of say PIP following a tribunal decision revising a previous DWP decision then this is not official error and a 52 week disregard applies regardless of amount.

A similar disregard is being applied for UC claimants receiving arrears payments from an income based legacy benefit see https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/787441/admh2.pdf paragraphs H2091 and H2092.