Widowed parents backpayments and receiving benefits

marcia_

Dorothys_slipper said:

poppy12345 said:

Dorothys_slipper said:

marcia_ said:

Dorothys_slipper said:

Dazed_and_C0nfused said:

Dorothys_slipper said:

I'm unsure on the reason for the forum if it's not for asking question like this? I'm curious if anyone actually knows the answer? I was told on the phone that I can appeal if I want to. I'm just wondering if it's worth it? Some people seem to be quite happy to gloat "you don't qualify", when I'm actually discussing a bereavement benefit. 

It is undoubtedly a very unfortunate situation you find yourself in but with regard to the bit highlighted above, as a phone advisor, probably on NMW they have two options.

1.  Get embroiled in a lengthy discussion about the rights and wrongs of this policy and how it impacts you.  Then get wronged by management for long call handing times.

2.  End the call quickly by giving you false hope.

Thank you. Apparently my case wasn't clear cut. When I applied it said you can't be living with a new partner. I said nothing about having ever lived with someone new over 10 years ago. The marriage was annulled so in law it doesn't count either. If it had been a straight forward no, then I would have heard months ago. It's all been really stressful and upsetting. I just want to find out as much info as I can. 

 The law says you can't have been living together in a new relationship that means at any time from the date would have qualified, makes no difference if the relationship ended. In benefits law it does count. 

Where does it say that please? 

It tells you here https://www.gov.uk/widowed-parents-allowance you’ve been advised this many times. Living with someone whether you were married or not means you won’t be entitled. 

It says 'are living with someone'. I'm not. 

 But you were you formed a new relationship after your partner death 

marcia_

Dorothys_slipper said:

marcia_ said:

Dorothys_slipper said:

marcia_ said:

Dorothys_slipper said:

Dazed_and_C0nfused said:

Dorothys_slipper said:

I'm unsure on the reason for the forum if it's not for asking question like this? I'm curious if anyone actually knows the answer? I was told on the phone that I can appeal if I want to. I'm just wondering if it's worth it? Some people seem to be quite happy to gloat "you don't qualify", when I'm actually discussing a bereavement benefit. 

It is undoubtedly a very unfortunate situation you find yourself in but with regard to the bit highlighted above, as a phone advisor, probably on NMW they have two options.

1.  Get embroiled in a lengthy discussion about the rights and wrongs of this policy and how it impacts you.  Then get wronged by management for long call handing times.

2.  End the call quickly by giving you false hope.

Thank you. Apparently my case wasn't clear cut. When I applied it said you can't be living with a new partner. I said nothing about having ever lived with someone new over 10 years ago. The marriage was annulled so in law it doesn't count either. If it had been a straight forward no, then I would have heard months ago. It's all been really stressful and upsetting. I just want to find out as much info as I can. 

 The law says you can't have been living together in a new relationship that means at any time from the date would have qualified, makes no difference if the relationship ended. In benefits law it does count. 

Where does it say that please? 

More here https://assets.publishing.service.gov.uk/media/65733ba758fa30000db141a8/dmg-vol10-ch63.pdf

Thank you. I'm still unsure how they can make that rule afterwards when it didn't initially apply to me? 

 Its not new legislation 

Dorothys_slipper

marcia_ said:

Dorothys_slipper said:

poppy12345 said:

Dorothys_slipper said:

marcia_ said:

Dorothys_slipper said:

Dazed_and_C0nfused said:

Dorothys_slipper said:

I'm unsure on the reason for the forum if it's not for asking question like this? I'm curious if anyone actually knows the answer? I was told on the phone that I can appeal if I want to. I'm just wondering if it's worth it? Some people seem to be quite happy to gloat "you don't qualify", when I'm actually discussing a bereavement benefit. 

It is undoubtedly a very unfortunate situation you find yourself in but with regard to the bit highlighted above, as a phone advisor, probably on NMW they have two options.

1.  Get embroiled in a lengthy discussion about the rights and wrongs of this policy and how it impacts you.  Then get wronged by management for long call handing times.

2.  End the call quickly by giving you false hope.

Thank you. Apparently my case wasn't clear cut. When I applied it said you can't be living with a new partner. I said nothing about having ever lived with someone new over 10 years ago. The marriage was annulled so in law it doesn't count either. If it had been a straight forward no, then I would have heard months ago. It's all been really stressful and upsetting. I just want to find out as much info as I can. 

 The law says you can't have been living together in a new relationship that means at any time from the date would have qualified, makes no difference if the relationship ended. In benefits law it does count. 

Where does it say that please? 

It tells you here https://www.gov.uk/widowed-parents-allowance you’ve been advised this many times. Living with someone whether you were married or not means you won’t be entitled. 

It says 'are living with someone'. I'm not. 

 But you were you formed a new relationship after your partner death 

The point I'm trying to make is that it did not apply to me at the time because I wasn't entitled to anything at the time. Going forward, people will be aware how living with someone new will impact any entitlement. I feel that it's wrong that somehow I was supposed to know that the law would change in the future and if I'd stayed on my own, I'd now be entitled. Anyone can surely see how misguided that is? If I was still married or cohabiting, then of course I'd agree with the decision but it was a brief relationship that ended 12 years ago. That is most of my child's life that she has had one parent and one income.

sheramber

Dorothys_slipper said:

marcia_ said:

Dorothys_slipper said:

poppy12345 said:

Dorothys_slipper said:

marcia_ said:

Dorothys_slipper said:

Dazed_and_C0nfused said:

Dorothys_slipper said:

I'm unsure on the reason for the forum if it's not for asking question like this? I'm curious if anyone actually knows the answer? I was told on the phone that I can appeal if I want to. I'm just wondering if it's worth it? Some people seem to be quite happy to gloat "you don't qualify", when I'm actually discussing a bereavement benefit. 

It is undoubtedly a very unfortunate situation you find yourself in but with regard to the bit highlighted above, as a phone advisor, probably on NMW they have two options.

1.  Get embroiled in a lengthy discussion about the rights and wrongs of this policy and how it impacts you.  Then get wronged by management for long call handing times.

2.  End the call quickly by giving you false hope.

Thank you. Apparently my case wasn't clear cut. When I applied it said you can't be living with a new partner. I said nothing about having ever lived with someone new over 10 years ago. The marriage was annulled so in law it doesn't count either. If it had been a straight forward no, then I would have heard months ago. It's all been really stressful and upsetting. I just want to find out as much info as I can. 

 The law says you can't have been living together in a new relationship that means at any time from the date would have qualified, makes no difference if the relationship ended. In benefits law it does count. 

Where does it say that please? 

It tells you here https://www.gov.uk/widowed-parents-allowance you’ve been advised this many times. Living with someone whether you were married or not means you won’t be entitled. 

It says 'are living with someone'. I'm not. 

 But you were you formed a new relationship after your partner death 

The point I'm trying to make is that it did not apply to me at the time because I wasn't entitled to anything at the time. Going forward, people will be aware how living with someone new will impact any entitlement. I feel that it's wrong that somehow I was supposed to know that the law would change in the future and if I'd stayed on my own, I'd now be entitled. Anyone can surely see how misguided that is? If I was still married or cohabiting, then of course I'd agree with the decision but it was a brief relationship that ended 12 years ago. That is most of my child's life that she has had one parent and one income.

Then take that argument to your MP. The Government made the rules, not DWP, HMRC or anybody on here.

Dorothys_slipper

sheramber said:

Dorothys_slipper said:

marcia_ said:

Dorothys_slipper said:

poppy12345 said:

Dorothys_slipper said:

marcia_ said:

Dorothys_slipper said:

Dazed_and_C0nfused said:

Dorothys_slipper said:

I'm unsure on the reason for the forum if it's not for asking question like this? I'm curious if anyone actually knows the answer? I was told on the phone that I can appeal if I want to. I'm just wondering if it's worth it? Some people seem to be quite happy to gloat "you don't qualify", when I'm actually discussing a bereavement benefit. 

It is undoubtedly a very unfortunate situation you find yourself in but with regard to the bit highlighted above, as a phone advisor, probably on NMW they have two options.

1.  Get embroiled in a lengthy discussion about the rights and wrongs of this policy and how it impacts you.  Then get wronged by management for long call handing times.

2.  End the call quickly by giving you false hope.

Thank you. Apparently my case wasn't clear cut. When I applied it said you can't be living with a new partner. I said nothing about having ever lived with someone new over 10 years ago. The marriage was annulled so in law it doesn't count either. If it had been a straight forward no, then I would have heard months ago. It's all been really stressful and upsetting. I just want to find out as much info as I can. 

 The law says you can't have been living together in a new relationship that means at any time from the date would have qualified, makes no difference if the relationship ended. In benefits law it does count. 

Where does it say that please? 

It tells you here https://www.gov.uk/widowed-parents-allowance you’ve been advised this many times. Living with someone whether you were married or not means you won’t be entitled. 

It says 'are living with someone'. I'm not. 

 But you were you formed a new relationship after your partner death 

The point I'm trying to make is that it did not apply to me at the time because I wasn't entitled to anything at the time. Going forward, people will be aware how living with someone new will impact any entitlement. I feel that it's wrong that somehow I was supposed to know that the law would change in the future and if I'd stayed on my own, I'd now be entitled. Anyone can surely see how misguided that is? If I was still married or cohabiting, then of course I'd agree with the decision but it was a brief relationship that ended 12 years ago. That is most of my child's life that she has had one parent and one income.

Then take that argument to your MP. The Government made the rules, not DWP, HMRC or anybody on here.

Thank you. I have done. I was still hoping to get an answer to my original question. 

poppy12345

Your question was answered because someone posted a link. If you had read it then you would have seen. 

poppy12345

https://www.gov.uk/guidance/backdated-payments-for-widowed-parents-allowance

Dorothys_slipper

I did read it. The legislation is new meaning people widowed from 2001 could now make a back dated claim. My question was if you were receiving benefits (child tax credit, income support or working tax credit) prior to 2017, when the law changed, would this be taken out of an entitlement? At no point did I ask to keep being told "You're not entitled". I am within my rights to appeal. I am also entitled to ask a question on this forum. If you don't have the answer there's no need to comment. 

Dorothys_slipper

poppy12345 said:

https://www.gov.uk/guidance/backdated-payments-for-widowed-parents-allowance

"This guidance was withdrawn on 9tj February 2024". 

poppy12345

Dorothys_slipper said:

poppy12345 said:

https://www.gov.uk/guidance/backdated-payments-for-widowed-parents-allowance

"This guidance was withdrawn on 9tj February 2024". 

Read further down and it answers the question about affecting other benefits, which is what you asked.

How benefits affect the amount of WPA you will receive

Your backdated payment may be lower if you got any of the following benefits while you were eligible for WPA:

• Income Support

• Incapacity Benefit

• Jobseeker’s Allowance

• Carer’s Allowance

• Employment and Support Allowance

• Universal Credit

If you got Universal Credit while you were eligible for WPA, you may have been overpaid. This means you might need to pay back some money. You must report your backdated WPA payment via your Universal Credit journal.

How backdated WPA payments affect other benefits you claim

You must report changes that affect other benefits when you get your backdated payment.

If you get Working Tax Credit or Child Tax Credit, your backdated payment may affect how much you get. It will only affect your tax credit payments for the year you receive the backdated payment.

Some other benefits have a limit on how much money you can:

• earn or get as regular income

• have in savings and capital

Your backdated payment will not count towards your income limit. It will count towards your savings and capital limit if you have any money left over after one year. Benefits affected include:

• Universal Credit
• Housing Benefit
• Pension Credit
• Income Support
• Employment and Support Allowance
• Jobseeker’s Allowance

How backdated WPA payments affect your taxes

You may need to pay Income Tax on your backdated payment.

If you pay tax through Pay As You Earn (PAYE), any money you owe will be taken from your other income automatically.

If you pay tax through Self Assessment (for example, if you’re self-employed) you need to declare your backdated WPA payment.

You must either:

• report it on your self-assessment tax return

• contact HMRC to include it on previous tax returns