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Backdated Special Guardianship Allowance considered as capital for benefit purposes?

CAH-Adviser
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Havering Citizens Advice

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Total Posts: 318

Joined: 5 August 2010

Hi All,

It’s been a while!

I wonder if someone knows the answer to this as I can’t find anything related.

Working with a Kinship Carer whose case has been successful for a backdated payment of Special Guardianship Allowance (SGA). The amount backdated is over the capital limit rules for UC.

Now, I know SGA is not taken into consideration for benefits purposes when paid on a weekly basis, but I wonder if the backdated lump sum would be taken into consideration as capital? The backdated amount is SGA, which should have been paid to the Cl but wasn’t.

Any thoughts would be greatly appreciated ????

Thank you.

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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I think it would count as capital, unfortunately.

My understanding is that such payments are made under s. 14F(1)-(2) of the Children Act 1989, and as such are not included in the list of capital which is disregarded for UC (see para. 17 of schedule 10 to the UC Regs).

CAH-Adviser
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Havering Citizens Advice

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Total Posts: 318

Joined: 5 August 2010

Thank you so much for your reply, very helpful.