Employment and Support Allowance (ESA)
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Backdated ESA and residential care

Hi everyone

My first posting here and very much hope you can help.

Our son lives in residential care. He has recently been awarded backdated ESA as many others. This, unfortunately, will put him over the upper capital limit.

Despite searching and enquiring in many places, I can't seem to find the answer to my specific question - or if I do, one answer conflicts with another! 

Here's my question:

can the local authority take this money for his fees? In any way or form?

I've taken advice from the CAB and looked at several Gov documents regarding this. Some state that if the backdated sum is due to 'official error' then it will be 'disregarded for the length of the award'. Many advice sites say the same.

However, the CAB and the local authority page seem to suggest that it will be treated as income and so he will have to pay until it drops to the lower level.

Can anyone help or had experience of this? He can't be the only one affected in this way? I'm beginning  to wish I'd never claimed it for him even though it would make a difference to his life...

Many thanks


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