× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

benefit arrears and capital disregards

Cordelia
forum member

Welfare rights officer - Wrexham Council Welfare Rights Team

Send message

Total Posts: 149

Joined: 16 June 2010

I’m not sure whether or not this is a silly question…..

My client has just received PIP arrears of approximately £10,000 following a PIP tribunal.  He is on income-related ESA.  He will also be due to additional arrears of severe disability premium - probably about £4000.

The arrears will be disregarded for 52 weeks, but I’m not sure what happens after that.  CPAG says that arrears due to “official error” are disregarded for as long as his ESA claim lasts, but does the decision to refuse his PIP automatically count as an official error? 

Thanks in advance.

Daphne
Administrator

rightsnet writer / editor

Send message

Total Posts: 3546

Joined: 14 March 2014

No I don’t think so - official error is like the ESA underpayments on conversion from IB - just an incorrect decision corrected at appeal is not offical error - so after 52 weeks arrears will count - that’s my understanding anyway

Cordelia
forum member

Welfare rights officer - Wrexham Council Welfare Rights Team

Send message

Total Posts: 149

Joined: 16 June 2010

Thank you Daphne - I think you are right but it does seem harsh.  Hopefully he can find something worthwhile to spend it on.