Recent remuneration for underpaid benefit entitlement. ESA(IBR)

criscarp

Hi,
I recently received a payment for underpaid ESA income related premiums. I was sent a letter stating the payment made would not be considered as capital for the lifetime of my claim. I am on Old ESA contribution based and this back payment was for SDP

My question is, when I am migrated into UC for the income related part of my Old style ESA will the back payment of my old style ESA be considered as capital? Or will it still be ignored for capital purposes as stated in the letter from the DWP. I always under stood Old ESA was one benefit and is now being split into 2.

I can clarify my question if it is not clear enough. Thank you.

Antonia_Alumni

Hi @criscarp thank you for sharing this with us. Some of our community members, may be able to answer your questions soon.

Adrian_Scope

Hi @criscarp, I imagine you would have a case for it to continue to be ignored for capital purposes, but it might be best to get in touch with the DWP and get confirmation either way. You can give them a call on 0800 328 5644.
I'm also tagging @BenefitsTrainingCo as they might be able to advise you further.

BenefitsTrainingCo

Hi @criscarp I assume your payment of arrears was more than £5000 (you do not have to say how much - just clarifying that this information relates to payment in excess of this figure) As long as there is no more than a 1 month gap between your ESA ending and UC starting (which if you are just transferred there should be no gap of course) then you continue to benefit from an indefinite disregard.  Of course at present, because you get an SDP you are prevented from moving to UC anyway and are likely to be one of the last to move to UC.  Hope that helps, Sarah

criscarp

BenefitsTrainingCo said:

Hi @criscarp I assume your payment of arrears was more than £5000 (you do not have to say how much - just clarifying that this information relates to payment in excess of this figure) As long as there is no more than a 1 month gap between your ESA ending and UC starting (which if you are just transferred there should be no gap of course) then you continue to benefit from an indefinite disregard.  Of course at present, because you get an SDP you are prevented from moving to UC anyway and are likely to be one of the last to move to UC.  Hope that helps, Sarah

Hi, thank you for your message, yes this does clarify things. I am aware I will be one of the last to be migrated onto UC but just wanted to clarify where I would stand at that time if I still had the back payment. Thank you