ESA Error

sassy_one

Hi,


I asked this question a few years ago about someone I know whom had a backdated substantial payment due to the ESA error where they didn't give them the DP on the award.


They were paid a substantial amount in backdated payment, far more than what could be spent in a 12 months period.

However, their claim for ESA had closed around a year or two before and then they claimed UC.

They had already a live claim for UC when the department contacted them, around a year or so after the new claim, stating they believed that they were due a backdated amount due to an error.


As such, they had to answer lots of questions and fill in a form which they came back weeks later saying they were due this amount.


What I wanted to clarify was that amount of backdated paymemt due to error is exempt from any UC calculation for the whole life of the UC claim as they were paid while on UC, if that makes sense?

I was given the legislation previously which did state this but wanted to re confirm this if anyone can give me a recap.


Thanks

Alice_Holt

https://www.uceplus.co.uk/disregarded-capital#:~:text=Arrears of benefit, Tax Credits,receipt of Universal Credit or


https://assets.publishing.service.gov.uk/media/654111fb1f1a60000d360b54/admh2.pdf

H2091/2

huckster

It is not indefinite disregard. It is 12 months only from date received.

HillStreetBlues

huckster said:

It is not indefinite disregard. It is 12 months only from date received.

It would be if £5k or more and paid while on UC.