Employment and Support Allowance (ESA)
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Hi there, last year I was awarded back payment because of being in the wrong category of ESA, I understand that it is disregarded for a year but I am worried about abiut the housing benefit I get because my weekly payment is higher and I still have some of the money left. Any advise to ease my mind it's starting to affect my sleep too.

Replies

  • michfinchmichfinch Member Posts: 173 Pioneering
    How did you get a back payment - Tribunal? I’ve submitted my Dr’s letter, my Psychologist, my Specialist all advising I am unable to work and submit a monthly Fit Note yet the DWP put me in the Work Related Activity Group and I’ve had to appeal payments. Am I an unusual case or do many other Epileptics submit the same info and get placed in the Work Activity Group? Tx
  • clarkjohnsonclarkjohnson Member Posts: 210 Pioneering
    Hello michfinch how many more things do they need you have my sympathy 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Lyndrix said:
    Hi there, last year I was awarded back payment because of being in the wrong category of ESA, I understand that it is disregarded for a year but I am worried about abiut the housing benefit I get because my weekly payment is higher and I still have some of the money left. Any advise to ease my mind it's starting to affect my sleep too.
    Hi,

    Savings of £6,000 and over affect means tested benefits and any back dated money you received is disregarded for 1 year for all means tested benefits. If after this time your savings are more than this amount you need to report the changes.

    Savings of £16,000 and over and all means tested benefits stop.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    michfinch said:
    How did you get a back payment - Tribunal? I’ve submitted my Dr’s letter, my Psychologist, my Specialist all advising I am unable to work and submit a monthly Fit Note yet the DWP put me in the Work Related Activity Group and I’ve had to appeal payments. Am I an unusual case or do many other Epileptics submit the same info and get placed in the Work Activity Group? Tx
    Hi,

    A fit note from your GP isn't proof of how your conditions affect you and is not classed as evidence. To be placed into the support group you need to look at the criteria to see which, if any apply to you. For ESA, it's not about a diagnosis, but how your conditions affect your ability to do any type of work. See descriptors for support group here. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

    Reg 35 here.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • clarkjohnsonclarkjohnson Member Posts: 210 Pioneering
    So that's a doctor , psychologist , specialist the lady as seen who else do you suggest she sees 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I don't make the rules, sorry. I just posted some links to try to help!
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • clarkjohnsonclarkjohnson Member Posts: 210 Pioneering
    Good on yer sir everyone needs a little help in life 
  • LyndrixLyndrix Member Posts: 15 Listener
    Hi poppy 123456
    I put £5,500 in an ISA for 2yrs is this counted in to the £6000? Also my weekly payments are more because they changed me to IR ESA, that's how I got the back pay being in the wrong group for 5yrs! So will I still qualify for housing and council tax benefit?
    ThanQ
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes all savings are counted but the backdated money is disregarded for 1 year so it doesn't count at the moment.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • LyndrixLyndrix Member Posts: 15 Listener
    Ok thanQ, but what about the increase in my weekly money will it affect housing benefit etc?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You mean contributions based ESA with the income related top up? No, it won't affect it in a bad way because you don't have any income. You're receiving a means tested benefit, which isn't income.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • LyndrixLyndrix Member Posts: 15 Listener
    Yes sorry, I was on contribution rate and in the suoosup group, then when they were doing whatever last year they sent me a letter to say I was in the wrong group and should've been income related all along hence me getting back money.  Who knew getting some money would be so stressful!  
    Thanks again from all you help, it is very much appreciated.
  • LyndrixLyndrix Member Posts: 15 Listener
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No problem, i agree it's stressful. Enjoy the money it's disregarded for 1 year.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • LyndrixLyndrix Member Posts: 15 Listener
    Hi again Poppy, sorry to be asking again but what happens after the 1year is up? Do they want to know what you did with the money? InI assuming you have to show what's left cos obviously it has a bareing on your housing benefits.
    Thanks again with your help x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    What you do with that money in that year is entirely up to you. If you have anything left after that and it's more than £6,000 then you need to report those changes.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • easyeasy Member Posts: 101 Courageous
    I think the back pay for this is disregarded indefinitely. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The award letter should state this if it is.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    easy said:
    I think the back pay for this is disregarded indefinitely. 
    Sorry but I do not think this is correct. How can you distinquish these savings/capital from any other ?
    Be all you can be, make  every day count. Namaste
  • easyeasy Member Posts: 101 Courageous
    I have no idea but I think I read it on B&W and I have never Known them to be wrong.
  • LyndrixLyndrix Member Posts: 15 Listener
    Is an ISA that can't be accessed for 2yrs still counted?
  • easyeasy Member Posts: 101 Courageous
    Sorry I do not know. You will have to ask the DWP. I hope I haven't given you bad information.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Lyndrix said:
    Is an ISA that can't be accessed for 2yrs still counted?
    All bank/savings accounts that are in your name or partners should be reported to DWP.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • easyeasy Member Posts: 101 Courageous
    I have checked and any back payment will be disregarded for the life of your ESA claim. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    easy said:
    I have checked and any back payment will be disregarded for the life of your ESA claim. 
    Do you have a link for that please?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger

    If your benefits have been underpaid you could be entitled to a back payment from the Department of Work and Pensions (DWP).

    This might involve a substantial lump sum payment, which could push you over the savings limits for means tested benefits, including:

    • income-based Jobseeker’s Allowance
    • income-related Employment and Support Allowance
    • Income Support
    • Universal Credit
    • Housing Benefit
    • Pension Credit

    In some cases, this payment is not counted as savings for one year and will not affect your income related or means tested benefits during this time.
    However, where benefits have been underpaid because of:

    • an official error
    • an error on point of law

    any payments over £5,000 can be disregarded for the length of the claim or until the award ends.


    Please note it says CAN be. It's not disregarded unless DWP have stated it's disregarded for the length of the award. Which is what i previously advised. If it's disregarded for the life of the award it will say on the award letter.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • easyeasy Member Posts: 101 Courageous
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • LyndrixLyndrix Member Posts: 15 Listener
    The that's what confused me...my letter says "we will not add the payment to any capital or savings you have already told us about until your claim ends" 
    So what does that exactly mean "until your claim ends"?
    I stress so much about benefits that my brain goes to mush when I read these letters.

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Until your claim ends means it's disregarded for the whole of the time you're claiming ESA. If at any point you stop claiming ESA and re-claim a means tested benefit then it will be counted as savings after 52 weeks.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • LyndrixLyndrix Member Posts: 15 Listener
    I have SPMS and was medically retired many, many years ago and sometimes the obvious things are quite obscure to me. 
    Thankyou once again Poppy.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're very welcome :) enjoy that money and don't worry about what you spend it on or whether you still have it a year from now.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • LyndrixLyndrix Member Posts: 15 Listener
    How do they know the money is from them. I took some of mine out in a panic so I didn't get mixed up n now want to put it in a saving account
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited February 2019
    You have the award letter to prove where the money came from. Please try not to worry, the back pay you received is disregarded for the life of your ESA claim. The savings you had before the backpay aren't included.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • LyndrixLyndrix Member Posts: 15 Listener
    Bless you Poppy x
  • LyndrixLyndrix Member Posts: 15 Listener
    Hi Poppy I've only just thought about my housing and council tax credit! Ive been so worried about the ESA I didn't give it a thought now I'm worried all over again.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's disregarded for all means tested benefits for the life time of your ESA award, as previously advised.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • LyndrixLyndrix Member Posts: 15 Listener
    Oh I didn't expect a response straight away Poppy with it being so early. Thank you again your help and guidance has been so reassuring. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm always up early as i sleep so badly. You're welcome.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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