Reply To: ESA Revision back to 2012 – arrears/capital paid

#284489
liffe
Participant

Hi

Looking for some assistance. I have a claim where the claimant has been of pension age and in receipt of SRP for some time, but his partner was in receipt of ESA(IR) prior to becoming of pension age on the 05.09.2019, where partners entitlement to ESAIR ceased and SRP became in payment from 06.09.2019. My question is that in December 2018, the partner received an arrears payment award of ESA(IR) to the sum of £28563.86. Whilst on ESAIR obviously not an issue, but since 06.09.2019 is a standard claim…. my question is should the capital only be disregarded for a period of 52 weeks from when received 17.12.2018, as gone onto standard claim from 06.9.2019 (and not all of the capital was spent within the 52 weeks) so should we have take then remainder into account or as the arrears payment was over £5k should it be disregarded in full whilst the claim for HB/CTS is still in payment? Initially there was a break in entitlement when the claimant changed from passported claim to standard claim but we had decided to revise the decision so there was no break in award between ESAIR claim ending and SRP claim commencing. This is going for appeal so want to check we have the correct capital income tariff. thank you