SDP backpayment disregard problem

kami_84

Dear Forum Members/ Dear Poppy,
I previously reached out on this forum seeking clarification regarding the disregard period for SDP backpayment. I was informed that the amount I received would be disregarded for the entire duration of my Universal Credit claim.
Initially, I delayed migrating to Universal Credit because I wanted to fully understand the situation before proceeding through the DWP via my MP. At first, I was told that only a certain amount would be disregarded, but later I was advised that the entire backpayment would be disregarded for the life of the claim. I received letters confirming that it would be disregarded due to an official error or error of law, and I was also told that I had papers to prove that it was an official error. However, in light of recent communication, it now appears I do not have such evidence.
When I asked my MP for clarification on whether this would be classified as an official error or an error of law, I was told that it was simply a reassessment of my entitlement, but it would still be disregarded for the duration of the Universal Credit claim. I feel I may have complicated the situation by seeking this extra clarification, especially as their response was somewhat dismissive, stating it would be disregarded for the life of the claim but that it was just a reassessment, not an official error.
Now I am very worried because I need to make my Universal Credit application by Sunday, and I fear that my pursuit of additional clarification has caused confusion. I am also in a support group for ESA, with a review due this August. If I migrate to Universal Credit this weekend, I am concerned about whether there will be a health assessment.
Overall, I am feeling quite anxious about the implications of what I have discussed with the DWP and the potential impact of the disregard period and official error classification.
Thank you for your understanding and support.

Kimi87

Poppy is on a break from this forum.

Citizens Advice offer a Help to Claim service, they should be able to advise on this question, they are trained benefits advisors individual MP's are not. I suggest you contact them today given your migration deadline is Sunday.

https://www.citizensadvice.org.uk/benefits/universal-credit/claiming/contact-us-about-universal-credit/

This service supports people before during and after a claim.

The amount of money you have when applying for UC does not in itself trigger a medical assessment.

Kimi87

This new thread might be of interest:

https://forum.scope.org.uk/discussion/133748/my-experience-of-migration-to-uc-from-esa-support-group-with-capital-and-student-income

kami_84

Hello, unfortunately this was not my question.

Kimi87

I've signposted you to a trained benefits advisor with regards to clarifying the situation and another forum member who migrated with a large sum of money given due to a SDP error backpay, who explains what happened after the claim.

That's the best help I can offer, sorry you don't feel I have given the right answers.

chiarieds

Hi @kami_84 - if the SDP arrears was £5,000 or more then it will be disregarded for the life of your UC claim. This is covered under The Universal Credit (Transitional Provisions) Regulations 2014 , i.e. regulation 10A https://www.legislation.gov.uk/uksi/2014/1230/regulation/10A

The DWP's ADM (Advice for Decision Makers) ChapterH2: Capital disregards - H2092 references these regulations: https://assets.publishing.service.gov.uk/media/67d982dba87d546feeda0193/admh2.pdf

I believe when you claim UC under savings there's a part about any 'disregards.'

kami_84

Dear Chiarieds,

Thank you for the reassuring message, you have made my day yesterday. Thank you for confirming this. I really appreciate it. I will hold on to this. Although there was no window about disregards (maybe because I did the application on the mobile (?)). I have documents though and I put the message there about what money I have and where from. I would like to thank you once again for this message as this is what I hold on to now.

chiarieds

Hi @kami_84 - & thank you. We all try to help in our different ways, & I'm so pleased you now feel reassured! I've learnt a lot from poppy (who happens to have become a very dear friend of mine), but even tho I know she is invariably right, the way I 'learn' is from checking the regulations myself.

Any problems & just quote the above regs back at them! The DWP cannot go against the regulations upon which this is based; your SDP will be disregarded for the lifetime of your UC claim.

Pleased you've gone ahead with your claim! My best wishes.