Employment and Support Allowance (ESA)
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Refund

I’ve just been given 23 thousand pounds refund on my esa underpayment. Will I lose my future esa? Housing benefits council tax and pip? Will I lose them until I reach 16 thousand pounds savings and be able to claim for them again? 

Replies

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @lesley1967   Pleased to meet you welcome.

    Thank you for joining and sharing.

    I am one of the team of community champions. We guide and advise and help new members who join the forum.

    I would speak to some one like a welfare organisation like CAB.  Not too sure of an answer. To your question.

    I know there will be members of our community or a member of our team who may be able to answer the questions you have.

    Please I hope that helps.

    Please take care.

    @thespiceman
    Community Champion
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  • lesley1967lesley1967 Member Posts: 7 Listener
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    If the money you received is because of a DWP error that's to do with the Incapacity benefit to ESA transfer then this money is disregarded for the life of the ESA claim for all means tested benefits because it's more than £5,000. It should have stated this on the decision letter.
    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.
  • wilkowilko Member Posts: 2,352 Disability Gamechanger
    @lesley,1967, as the back payment is money that was, is owed to you I am sure its not counted for the first 12 months of receiving, after that it will be counted as savings, there are ways to legally reduce this amount one being take out a prepaid funeral plan these can range from £5000 to £10000 depending on your requirements. Getting some financial advice would not go a miss. Keep us up dated how you get on others may benefit from your experience. 
  • lesley1967lesley1967 Member Posts: 7 Listener
    Ok thanks. Will do 
  • lesley1967lesley1967 Member Posts: 7 Listener
    I will have to pay my rent and council tax from now on won’t I? Will it affect my husbands pension do you know? 
  • lesley1967lesley1967 Member Posts: 7 Listener
    I’ve just been given this information o you quote:

     

    “Schedule 9 paragraph 11(2) of the Employment and Support
    Allowance Regulations 2008, any arrears of £5,000 or more paid as a result of
    official error are ignored until then end of that award and this should be clarified
    on claimant’s letters”

     I’ve just received my esa award notice saying my payment will be continued as before  so great news . Just need to see if it will affect housing Benefit council tax and my husbands pension 

     

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I’ve just been given this information o you quote:

     

    “Schedule 9 paragraph 11(2) of the Employment and Support
    Allowance Regulations 2008, any arrears of £5,000 or more paid as a result of
    official error are ignored until then end of that award and this should be clarified
    on claimant’s letters”

     I’ve just received my esa award notice saying my payment will be continued as before  so great news . Just need to see if it will affect housing Benefit council tax and my husbands pension 

     

    As it's a DWP error then it should also be disregarded for all of your means tested benefits.
    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.
  • lesley1967lesley1967 Member Posts: 7 Listener
    Thank you for your help. Much appreciated 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,997

    Scope community team

    Hi @lesley1967, I'm glad our members have been able to help you with this. 

    I replied in your other thread before spotting this one that @poppy123456 has already answered, so I've deleted the old thread. 
    It was my understanding that it would be disregarded and I'm glad to see others have also given you this advice. 
    Senior Community Partner
    Scope
  • lesley1967lesley1967 Member Posts: 7 Listener
    Thanks for all your advice 
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