Deprivation of Capital, ESA and UC

Hi Everyone,

I’m new to this forum and would really appreciate some help regarding my Dad’s ESA claim. I will try to give you some background information much as possible, but please bear with me as I’ve been dealing with this with DWP for nearly 12 months and has given me stress and anxiety.
My dad is disabled and has been since 2000 and was recently assessed for his PIP and was awarded enhanced for both mobility and care for an ongoing period of time. The problem is that his ESA was stopped last May 2018, because when I was born, as per our culture my maternal grandparents gave some cash to be used for my wedding or any other use that I see fit, once I became an adult. This money was given approximately about 22 years ago and at the time, as you can imagine, I was not of an age whereby I was able to make my own financial decisions and this responsibility was left to my parents. Both of them are quite ignorant when it comes to making financial decisions of this nature, and therefore sought the the advise from an Independent Financial Advisor who at that time, advised that the gift from my grandparents would be better invested in a P.E.P.S/ TESSA which later became an ISA and once I would become an adult, then the money can be used by myself for whatever purpose I see fit. So this money was invested in my mums name but to be used by myself solely, once I became an adult.
In the mandatory reconsideration notice they said that they accept the fact that it’s a cultural custom for money to be given in this way. No money was ever added to or taken out of this ISA account and has just grown over the years with interest added annually and then it reached above the ESA capital threshold and my dad’s ESA was stopped back in May 2018. Because my dad is severely disabled, it’s been very hard for my parents to live without the ESA payments and I’ve had to give them money to buy the stuff they need. The money that was held for me, was given back and is now in my own account. When I spoke
to somebody from the DWP back in October he said that because the money has now been transferred to myself they will now reinstate back the ESA from the 1st of September 2018 and was also advised that I didn’t need to do anything further (in terms of applications or providing more evidence) to ensure that the ESA would be paid. I spoke to them again on 31/01/2019 and told them I got a written record of this, they said that this advice was wrong and should not have been given. They have most recently advised me to go for a late appeal by writing to the DWP, is this the correct procedure as online I have seen it should go to the independent tribunal service. I’ve been passed around from one department to another for the last 9 months and still can’t seem to get anywhere with anyone. They also lost documentation and proofs I provided, to support my dad’s claim numerous times which has delayed any decisions being made. They have provided incorrect information and advice numerous times, which has damaged the claim further. If it’s of any help, I’ve added up the money I’ve had to give to my parents, to help with living costs etc, and it amounts to a considerable amount of money spent on household items and bills and would this be of any help to show the DWP the capital in question has now reduced..I would really appreciate your help please, as this is having a detrimental effect on my parents health. Thank you all once again.

Good afternoon Gordon,

Many thanks for your reply and it’s helpful. I’ve tried to ring the CAB many many times but simply cannot get through.. I’ve managed to find an email for one of the CAB in the region and I’m hopeful that they can respond to my query.

Thanks again and I’m very grateful to you..