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Forum Home  →  Discussion  →  Disability benefits  →  Thread

SDP backdated money effecting Housing benefit and Council tax

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Hi there, I established a while ago that any backdated SDP that a client is owed is disregarded as savings indefinitely if it is seen as an official error, for ESA. I imagine this is not the same for Housing benefit and council tax? Would someone be able to confirm. Thank you for any advice/help in advance.

[ Edited: 31 Jan 2023 at 03:03 pm by Rachel1 ]
bigbill
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Dumfries Welfare Rights

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Ignored for 52 weeks or for ever if over £5,000 and still on IBESA so a full disregard and anyways IBESA is a passport for HB & CTS if still on it?

Rachel1
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North East Law Centre, Newcastle upon Tyne

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bigbill - 01 February 2023 02:25 PM

Ignored for 52 weeks or for ever if over £5,000 and still on IBESA so a full disregard and anyways IBESA is a passport for HB & CTS if still on it?

Yes. He’s on IBESA - so that’s a full disregard even in relation to his HB and CTR? Apologies I think I’ve had a crisis of confidence becuase the client is adamant it will be affected but I always thought it wasn’t, I looked into int back in March.

Elliot Kent
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Shelter

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irESA passports to full HB and to CTS under both the Newcastle working age scheme and the national pension age scheme. So, the Council need not consider his capital at all.

However, even if that were not the case, the relevant disregard for sums of benefit arrears paid in relation to official error is also included in the HB regs and the CTS schemes.

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Elliot Kent - 01 February 2023 06:19 PM

irESA passports to full HB and to CTS under both the Newcastle working age scheme and the national pension age scheme. So, the Council need not consider his capital at all.

However, even if that were not the case, the relevant disregard for sums of benefit arrears paid in relation to official error is also included in the HB regs and the CTS schemes.

Thank you so much for confirming - client is adamant even though I checked and triple checked for him back in March and is having a bit of a spiral bless him. Made me doubt myself.