Re compensation being disregarded

lydia5683
lydia5683 Online Community Member Posts: 43 Connected
in Universal Credit (UC)

Hi I was told by the jobcentre that as i received compensation from a scam from my bank which was above 16k, they refunded the lost money the money may be disregarded but they will check with the decision maker

I asked a solicitor who said that only personal injury claims are disregarded and the 52 week rule doesn't apply in my case

Who is correct

Thanks

Comments

  • Rosie_Scope
    Rosie_Scope Posts: 8,049 Scope Online Community Coordinator

    Hi @lydia5683, from the information I could find about disregarded capital, it does seem that only personal injury claims and other special forms of compensation are disregarded. I couldn't see anything about scams listed in the files.

    It might be that they can make exceptions at the discretion of the decision maker, so there's a possibility that they may make a decision based on your specific case, but I can't say that with any certainty.

    From what I've read it does seem more likely that the solicitor is right.

    Hopefully one of our members has been through something similar and can let you know what happened for them. Fingers crossed you can get it all cleared up!

  • chiarieds
    chiarieds Online Community Member Posts: 17,410 Championing

    I agree with Rosie - you can see what's disregarded as capital here:

    https://assets.publishing.service.gov.uk/media/654111fb1f1a60000d360b54/admh2.pdf

  • lydia5683
    lydia5683 Online Community Member Posts: 43 Connected

    Thanks if the dm refuses to disregard is there a point in challenging the decision if you can as will the judge most likely say they followed policy and it is their choice in using discretion

  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing

    There would be no point in challenging the decision because it won't be disregarded. If you have any debt to pay off then you can do that without it being deprivation of capital so your UC will not be affected by this. It's in the regulations that paying off any debt is allowed.

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