Universal Credit treatment of PIP backpay
heartfeltcow
Community member Posts: 1 Listener
Hi, we recently won a FTT hearing for PIP a couple of months ago (still waiting on DWP to sort out payments and backpay though...), and got Enhanced Mobility and Daily Living.
I made my PIP claim well over a year ago and the amount I should be due will put me over the Universal Credit savings cap. I understand that in some cases arrears and compensation due to non-payment of benefits can be disregarded for 52 weeks, but I have mainly only found detail and posts on this forum and others about ESA, and have seen conflicting information about how this is treated for UC.
I know that some of the rules for ESA specify that the amount is disregarded where there is an "official error" or due to a "point of law". Does this apply for UC, and would the FTT upholding my appeal count for this?
I made my PIP claim well over a year ago and the amount I should be due will put me over the Universal Credit savings cap. I understand that in some cases arrears and compensation due to non-payment of benefits can be disregarded for 52 weeks, but I have mainly only found detail and posts on this forum and others about ESA, and have seen conflicting information about how this is treated for UC.
I know that some of the rules for ESA specify that the amount is disregarded where there is an "official error" or due to a "point of law". Does this apply for UC, and would the FTT upholding my appeal count for this?
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Comments
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The 52 week disregard applies that standard. The disregard can be indefinite in cases of 'official error'. The PIP change at tribunal is not 'official error'.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1136904/admh2.pdfArrears of benefit
H2091 Any payment received within the previous 12 months by way of arrears of or compensation for late payment of certain benefits are disregarded.
PIP is included on the list.
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It's unlikey you'll receive any compensation, you will only receive what is owed for the PIP decision.
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