Employment Support Allowance Backpay with UC LCWRA
Hi all,
So I have been getting UC with the full LCWRA elemenent since July last year. I then applied for ESA as well, partly as I mistakenly thought this was paid on top of UC, rather than alongside id. It's actually deducted from UC pound for pound each month. They have now backpaid me to October for ESA, about 2k, but I was getting the full UC payments that whole time. If i had the ESA from October, my UC would have been around £400 less monthly. I called ESA and they said that it isn't an overpayment as regardless they as a department owe me the backpay.
SO I called UC and was told that it doesn't work like that, and that backpayments "don't count," they simply calculate it monthly and deduct money if you have earnt any from, anywhere else, and therefore I do not owe it back to them either, it will be taken into account next month and that payment will be calculated with the back pay in mind.
I am firstly conerned that this is wrong and I will be chased for it, anyone have anmy ideas?
Secondly, if this is correct, then can they take the full UC amount including the LCWRA portion, or is only the standard portion subject to potential deductions. Obviously if the whole lot can be taken then my UC payment will be £0 (which is totally fair) but i'd like to know as best I can what to expect next month.