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Issue with pip backpay not disregarded

salem1

good evening, I hope someone maybe able to help lot advise me.

I was awarded Pip enhanced rate mobility & daily living I also got LCWRA.

I received back pay from pip of nearly £5k - I transferred £3k into my savings account.

Today I heard from uc that I am over the threshold for uc/lcwra and this has been stopped.
They said that be cause I transferred money from account my pip was paid into this, is no longer disregarded as capital.

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salem1

I don’t know if I am getting lied too, but I now have to start the health journey from scratch, UC want me to work full time travel 90mins each way etc etc. I cannot! I asked them if I put the money back into my current account would it be disregarded and my LCWRA reinstated - they won’t respond!

Kimi87

Benefits back payments are disregarded from your capital for one year.

Try a formal complaint

https://makeacomplaint.dwp.gov.uk/

poppy123456

Before you received the lump sum did you already have capital of more than £16,000? It doesn't matter where that capital is, it will be counted, unless it's in a pension pot or it's from backdated money.

There are some other capital disregards such as selling the home you live in and planning on buying another and the capital can be disregarded for up to 6 months, sometimes longer.

salem1

hi poppy - no my partner took out a loan for £7600 for her visa - she has no recourse to public funds, does not and cannot get benefits they treated that loan as my capital and because I transferred part of my backpay into my savings account the amount I transferred was disallowed - I had a little savings as I need a motability car. They added it all together and said I have over £16k so stopped my uc and LCWRA

poppy123456

Do you live with your partner? If so then I'm afraid even though your partner has NRPF you would be claiming UC as a couple, or you should be BUT you would not receive any extra money as a couple so your entitlement would be based on a single person.

Same applies if your partner works. Their earnings would be taken into consideration for your UC entitlement.

Any capital your partner has, as well as yourself, including the loan they took out will be treated as your capital as well because you live together. This means that if your total capital went above £16,000 without the PIP money that you were owed then it's correct that your UC ended.

Moving your PIP backdated money from one account to another would not have affected your total capital because it's still disregarded.

When it ends due to capital being over £16,000 when you reclaim when capital drops below that amount you'll need to provide fit notes and go through the work capability assessment process again.

I would also advise you both to get some expert advice. Please take all of your bank statements, including all your savings account statements and speak to an advice agency near you. This link will help you find something that's local to you.

https://advicelocal.uk/welfare-benefits

salem1

hi Poppy,

We did not have money in excess of £16k it was pip back pay that took us over, they disregarded what little was in my current account but not what I transferred into my savings account - then added mine and my wife savings accounts and stopped uc/lcwra.

poppy123456

If that backpay was received less than 12 months ago it is disregarded. You will need to request the Mandatory Reconsideration on the decision to close your claim. As your UC claim is closed you will not be able to do that through your journal. You should put that in writing.

There would have been a deduction of £4.35/month for every £250 or part thereof over £6,000.

salem1

hi Poppy

Had the mandatory response

“You provided a DWP letter confirming the backpay of PIP of £4876.04 that was made on 14 May 2024. This was originally paid into account ending 8192 then transferred to account 1572.

The law states any payment received in the last 12 months by the way of arrears or compensation for late payment of certain benefits are disregarded for a period of 12 months from the account in which it was paid.

We have therefore disregarded the amount held in account ending 1572 of £1250.36 from your calculation”.

just to warn everybody that if you transfer backpay from a current account into a savings account DWP will not disregard it.

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/977392#Comment_977392

Can you ask them to provide a source for that law? Is it specifically for UC or did it cover ESA as well?

I moved backpay into a savings account on legacy ESA and would expect many other claimants to have done the same over the years.

salem1

I’ve asked for a copy of the legislation or a link - so far nothing!

letitbe

https://forum.scope.org.uk/discussion/comment/977392#Comment_977392

this is absolutely unbelievable- I’m sure many people have done this . How can they say this if both accounts are in your name . Shocking

salem1

I think it’s just evil vindictiveness- they are under instructions to reduce payments by whatever means - including lying. For which they earn a bonus! Disabled are an easy target especially those that are over 60 and are not familiar with the benefit system. I foolishly went to the job centre and asked for advice with filling in my application.

I lost my LCWRA lost my UC and lost housing and council tax benefit, because I transferred pip back pay into a savings account!

I appealed to 1st tier tribunal - they ordered DWP to respond by 23/11/24 they did not, the court gave them another month, still no response. The court then gave them another 6 weeks still not responded to the court!

there are over 100,000 cases before the tribunal so will be dead before they get round to me!

No wonder Starmer and co want to introduce assisted dying I am a prime candidate, I’m looking at ending my days in a shop doorway like so many other disabled veterans.

poppy123456

For goodness sake, I’ve never heard of such nonsense!! They are making the rules up as they go along. I really have no idea where they got that from. See link. You can also see examples of lump sum benefit payments in there. https://assets.publishing.service.gov.uk/media/6798cc97cbd1e3a508a22d5d/admh2.pdf#page16

They literally do not have a leg to stand on here.

salem1

thank you for this information - now I can abuse them and lodge appeal!

salem1

hi Catherine,

no answer no response from DWP I called them - same bs someone will call me back! Never happens - what annoys me the most is the lying to cover each others backs. Then silence no reaction to journal entries. I think they have specific people to target - I cannot imagine them doing this to a family with a disabled child - the father would tear the job centre apart (I would) I’d get arrested then it would be all over the media!

I am now begging family and friends to help feed me!

noonebelieves

Dear @salem1 ,
I have just been reading your post, and my heart goes out to you. I can only imagine how much stress this must be causing you and the significant impact it is having on your day-to-day life. From the responses from the experts here, it’s clear that these DWP officials, with little regard for disabled individuals, have made a serious error.
I’ve had a similar experience when my UC and LCWRA were closed under different circumstances. Despite providing evidence and questioning the decision, I received no response to any of my UC journal entries. Not even a simple “we acknowledge you” or any kind of acknowledgment. It’s incredibly frustrating and disheartening.
As stressful as this situation is, I urge you to gather all the support you can and continue pressing legally to demand the reinstatement of your UC and LCWRA. You are entitled to your legal and humanitarian rights, and it’s vital to uphold them. I simply can’t believe they’ve done this to a vulnerable disabled veteran.
We are all here for you.

Wishing you the very best

salem1

it is bad what they have put us through, my partner she’s a foreigner she came to U.K. legally on a spouse visa so no recourse to public funds. She was diagnosed with cancer in Jan 2024. She cannot work Surgery radiation therapy etc etc. my carer was good enough to care for both of us, he’d take my partner for daily rad treatments - but when they stopped my LCWRA I can no longer pay him. So he had to find another job so no carer for us. The next issue is council tax - 2 people living in a property not on benefits are charged full rate, my council tax is more than my benefit as they back dated it. I am in court in 2 weeks for not paying council tax. Oh they have threatened me with prison with taking furniture from my home, I said you can have my medals - sell them. Then there’s rent gas elec all in arrears!

Dwp told to approach charities and they said they can arrange food vouchers! I told them I still know how to use firearms and explosives!
I have to expect a visit from the police soon!

Morgan_Alumni

Hi @salem1, I’m really sorry to hear about your situation – it must be incredibly stressful.

In terms of your gas and electricity arrears, Scope runs a free service called Disability Energy Support which might be able to offer you advice or assistance. There are also other services, such as the British Gas Energy Trust, which may help with arrears, even if you’re not a British Gas customer.

Have you had any support from local agencies like Citizen's Advice or Step Change? They could assist with setting up payment plans or even requesting that companies pause your debts while your benefits are being sorted.

Just to clarify the final part of your message: are you saying you said to the DWP about still knowing how to use firearms and explosives? I completely understand how frustrating this situation must be, but please be cautious when making or alluding to threats, even online, as it’s my understanding that such comments can be prosecuted.

As for your appeal, the link Poppy shared for Advice Local might be helpful. If you can find an agency near you, they could help you with requesting your appeal be expedited due to severe financial hardship.

salem1

thank you for the above information - I will chase them up on Monday.

the decision maker was in northern Ireland - I asked on my journal if this was in Derry or Londonderry! I knew immediately they would lie and find a way of stopping my benefit. It’s like asking a Palestinian to determine if a Jew should get benefits, it’s never going to happen. Hence the remarks about firearms!

salem1

I now have a date for the tribunal hearing, of course stressful and worrying, lots of sleepless nights - but hopefully the tribunal will see that transferring pip back pay from a current account to a savings account the amount should still be disregarded.