Migration

Welshy1952

Now I am really worried.

As I posted earlier I was awarded a lump sum of just under £41k for backdated Severe Disability Premium from 2013 to 2025.

I am now in the process of Migration to UC and am reliably informed that this sum WILL count towards my capital on migration to UC if it was paid in sums under £5000.

Obviously I had no idea this was the case but DWP carefully deposited this money in my account on the same day as several separate sums all under £5000 each.

Can someone please clarify the situation.

Welshy1952

Anything???? Anyone????

Welshy1952

Thanks for that "Work Coach". I was asking for the legal position not a diatribe about getting a job. You no nothing of my personal circumstances and why I can't work so don't pretend you do.

onlymeagain

I sadly don't have the answer for you, but wanted to bump your post up.

Welshy1952

Thank you. At least you are trying to help unlike "Work Coach."

chiarieds

Hi @Welshy1952 - from what I can find: Arrears of benefit, tax credits or compensation for non-payment of £5,000 or more paid due to official error or error of law can be disregarded for the length of the Universal Credit award. The disregard applies to claimants who receive a payment of arrears or compensation:
 whilst in receipt of Universal Credit or
 whilst in receipt of a Legacy benefit and migrate to Universal Credit with a gap of less than a month between awards of benefit

Please see: https://data.parliament.uk/DepositedPapers/Files/DEP2019-0465/Capital_disregards_v11.0.pdf

looking under 'Capital disregarded for an extended period'

You should therefore be fine as you migrate from ESA to UC.

Welshy1952

Thank you. I'm still not certain because DWP craftily made the payment in several lump sums on the same day each of which was under £5k so I am guessing that this is a deliberate attempt to avoid this disregard.

chiarieds

I don't believe that's relevant, but have checked, so please see below:

Welshy1952

Thank you again.

Just one more thing.

What does this mean: "with a gap of less than a month between award of benefits."

For your information I received the money on 18/2/25. I received the UC Migration Notice on 6/3/25.

I have submitted the UC claim within the timeframe set out ie before 6/5/25. I am awaiting a Biographical telephone interview on 22/4/25.

WhatThe

Glad the WC got flushed 🚽

Welshy1952

😂😂

WhatThe

Happy Easter Welshy and a big well done to you 👏 🥂 🎉

An extra £3k+ a year would have made all the difference to your life back then and it will now!

chiarieds

I checked here as well: https://assets.publishing.service.gov.uk/media/67d982dba87d546feeda0193/admh2.pdf

see para H2092 & looked at the regs listed just before the example given there. There's nothing to say that you have to have had the lump sum you received paid in any particular way, just that this applies if it's over £5k.

Edited to add - I've just read that a lump sum is often paid in smaller amounts when it's a large sum involved; I'd been sure I'd read that before, but couldn't remember where!

(I believe I must have pressed the appropriate 'flush' button last night 😁)

Welshy1952

Sorry could you just tell me where you read about the award being paid in smaller amounts? I'd just like to read it myself.

Do you think I will have to fight for this? I mean I keep thinking some over zealous agent will take a look at the amount involved and just nil the claim right away.

And thank you and any others for flushing the WC.

Much more hygienic!

chiarieds

Look at poppy123456' s first comment on this page (she knows an awful lot about benefits):

https://forum.scope.org.uk/discussion/128724/found-out-i-been-missing-ton-money

You need to click on 'View Post' at the bottom of the text box just above. The monies you received should be disregarded for the entire length of your UC claim. Come back if you have any problems!

Welshy1952

Thank you again. I've looked at the post and Poppy's comment and I can't see any reference to paying in smaller amounts or indeed about it being disregarded.

It's probably me doing it wrong.

Welshy1952

It's okay I've found it now and thank you.

chiarieds

If you scroll down using the link above, on Jan 30 poppy said,

''You will receive everything that is owed to you from the date you became entitled to it. You may receive it in separate smaller lump sums as they often do that when it's a larger amount.''

I've read it before, & that was just one comment about this that I found today.

Then from this link that I gave above it's about when a sum can be disregarded for longer than a year: https://assets.publishing.service.gov.uk/media/67d982dba87d546feeda0193/admh2.pdf

You need to scroll down (a long way) to the section ''Arrears and concessionary payments of £5,000 or more'' & see H2902 & after 3. you'll read, ''the payment is disregarded for a period of 12 months from the date of receipt of the payment or until the termination of the current award, whichever is the later

This is just before the links to the regs which are in blue.

Sorry if I confused you a little!