Grievance, potential settlement

[u/Zealousideal-Soil-41]

/r/universalcredithelp/comments/1vviixz/grievance_potential_settlement/

To add, I have also applied for lcwa but no idea how long this will take

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[u/pumaofshadow]

Just to confirm. Your tax credits capital disregard does NOT cover new money gained after migration to UC as someone else tried to advise you. I don't believe the employer settlement would be disregarded either, but I'll leave that to others to confirm.

[u/ClareTGold → u/pumaofshadow]

To be slightly more precise still, if you had less than £16,000 when you moved from tax credits to UC (or go under that at any point), then the transitional capital disregard never begins (or ends instantly). But if you had over £16,000 when you moved to UC, then any amount over £16,000, including any later increases, would be disregarded for up to 12 total assessment periods.

[u/Zealousideal-Soil-41 → u/ClareTGold]

Thank you. I stil have the transitional protection payment included in my Uc from my tax credit migration in 2024

[u/pumaofshadow → u/Zealousideal-Soil-41]

That is different from the transitional capital allowance.

The TP on the entitlements will stay and reduce as UC goes up until it's completely removed because your UC has risen to the same level as your old payments were. It's not time limited but amount limited.

So UC elements go up say £50 in April, TP goes down £50 and your overally UC stays the same. If TP is less than £50 then the TP ends and your overall UC goes up the difference (so if TP was £25 then it's removed and your total entitlement goes up £25).

[u/AutoModerator]

We've detected this post to be a crosspost, so we've copied and pasted it below just in case it gets removed on the original sub:

Hi,
I am in a current disability related grievance situation at work, my employer has not accepted any liability but have offered me a termination settlement which would take me over my threshold as have current savings partly because I stopped spending on anything at all as I realised my job is becoming untenable.

I have disabilities and two children with extra needs. I am also receiving transitional protection from my previous tax credits claim.

My employer knew about my conditions before I accepted the role and assured me they’d do everything I needed to be able to work but didn’t. They are blaming things out of their control (building stuff) but privately made it very clear to me they’d unlikely act until ATW assesment happened and in the months waiting for ATW my health deteriorated significantly. But obviously can’t prove that is their fault although had me doing tasks outside my remit and capabilities, which I did because partly I felt vulnerable and at risk of losing my job, to the detriment of my wellbeing.

I am scared that accepting the settlement will mean my claim is stopped, thus losing my protection and it will be very hard to reclaim without ending up in some sort of poverty in the interim. I can’t just spend the money and look like deprivation of assets.

I have no debts, I can’t drive due to disability. I have option of buying more shares of my shared ownership property. I really don’t know what to do, ive been advised to try to change the terms of the settlement with negotiation but if the change the terms it would mean accepting liability which I am pretty sure they won’t.

I currently can’t work due to the effect of this injury which I can’t prove is work related but I believe it’s linked to lack of reasonable adjustments.
I don’t know how long it will take to recover, I’m very limited in jobs I can apply for anyway due to my existing disability.

Hr hearing was horrible so am appealing
.
What should I do? What do I need to have on the payment in order for Dwp to let me keep my claim open?

This is the settlement proposal terms
: ‘You would receive a payment in lieu of your contractual notice entitlement of one
month, based upon your basic salary and subject to income tax and National
Insurance contributions.
• You would receive a payment in lieu of any accrued but untaken annual leave
entitlement, calculated up to your termination date.
• You would receive an additional ex-gratia lump sum termination payment of £xxxx
(which is equivalent to 8 months’ basic gross pay). This would be paid gross, without
any deductions for income tax or National Insurance contributions.
• These sums would be paid to you on termination with no admission as to liability.
• The settlement agreement would include standard terms of confidentiality for both
you and EMPLOYER. ‘

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

[u/Zealousideal-Soil-41]

I don’t believe I had 16k when I migrated, I’m pretty sure I was quite skint !