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ESA backpayment split into under 5ks, does it still count as "over 5k"? Does it count to HB?
hellohello44
Member Posts: 4 Listener
Hello everyone in my scared googling I came across this forum and was wondering if anyone would know and could put my mind at ease.
I was owed over a large sum in severe disability that should have been payed to me and was told this morning as it's over £5,000, the 1 year of it not counting as savings didn't apply and it lasted the length of my claim - this was great news, especially with things how they are right now.
Two things I'm worried about:
First: the internet and people on the phone before have told me that it doesn't count as savings for any means tested benefit (including housing benefit), however the lady on the phone I talked to just now really put the fear in me saying only ESA didn't count it, but housing would. Googling found me this post https://community.scope.org.uk/discussion/53022/esa-lump-sum-of-arrears-been-received-do-i-have-to-declare-it-to-housing-benefit which seemed reassuring, linking to legislation I don't really understand but seems to support it http://www.legislation.gov.uk/uksi/2018/932/made is this the case?
Second thing: That seemed to be the only issue, but then I read the last post here https://community.scope.org.uk/discussion/55374/esa-backpay-re-contribution-to-income-doesnt-affect-council-tax-housing-benefit saying that "I have been told by somebody working in law, that although they are supposed to ignore payments over £5k for the lifetime of your claim, if they split the bigger amount owed, into smaller amounts of £5k or less, then you have the normal 365 days to use the money." Is this true? Mine was split into multiple payments of just over £4,000 that all came into my account together and was not told on the phone I'm owed X amount of £4k, but that I was owed the lump sum and possibly it would be made it smaller payments all together .If this is true could I argue foul play and they take it back and issue it as the full amount? I'm unsure if the lady I spoke to who said it was except for the duration of the claim was aware of how it was issued, but surely it would be on the system...
I'm waiting for a call back from the department that deals with backpayments but the ESA lady I spoke to really put the fear into me telling me yes it will count to housing benefit and was very reluctant to even request that department call me back as she was convinced she knew it all, even though she told me twice it only counted exempt for a year twice, even with the note on the system before changing her tune a bit.
Really hoping both aren't true, or this really isn't fair and the level of anxiety it's causing is unreal.
Thank you for any insight, hopefully someone will know for sure on one of both and hope you're all keeping safe!
I was owed over a large sum in severe disability that should have been payed to me and was told this morning as it's over £5,000, the 1 year of it not counting as savings didn't apply and it lasted the length of my claim - this was great news, especially with things how they are right now.
Two things I'm worried about:
First: the internet and people on the phone before have told me that it doesn't count as savings for any means tested benefit (including housing benefit), however the lady on the phone I talked to just now really put the fear in me saying only ESA didn't count it, but housing would. Googling found me this post https://community.scope.org.uk/discussion/53022/esa-lump-sum-of-arrears-been-received-do-i-have-to-declare-it-to-housing-benefit which seemed reassuring, linking to legislation I don't really understand but seems to support it http://www.legislation.gov.uk/uksi/2018/932/made is this the case?
Second thing: That seemed to be the only issue, but then I read the last post here https://community.scope.org.uk/discussion/55374/esa-backpay-re-contribution-to-income-doesnt-affect-council-tax-housing-benefit saying that "I have been told by somebody working in law, that although they are supposed to ignore payments over £5k for the lifetime of your claim, if they split the bigger amount owed, into smaller amounts of £5k or less, then you have the normal 365 days to use the money." Is this true? Mine was split into multiple payments of just over £4,000 that all came into my account together and was not told on the phone I'm owed X amount of £4k, but that I was owed the lump sum and possibly it would be made it smaller payments all together .If this is true could I argue foul play and they take it back and issue it as the full amount? I'm unsure if the lady I spoke to who said it was except for the duration of the claim was aware of how it was issued, but surely it would be on the system...
I'm waiting for a call back from the department that deals with backpayments but the ESA lady I spoke to really put the fear into me telling me yes it will count to housing benefit and was very reluctant to even request that department call me back as she was convinced she knew it all, even though she told me twice it only counted exempt for a year twice, even with the note on the system before changing her tune a bit.
Really hoping both aren't true, or this really isn't fair and the level of anxiety it's causing is unreal.
Thank you for any insight, hopefully someone will know for sure on one of both and hope you're all keeping safe!
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