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income related ESA and gifts
- tree
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9 years 1 month ago #131314 by tree
income related ESA and gifts was created by tree
Hello Mods
I have just renewed my membership to your wonderfully informative site and am finding all the updated guides invaluable.
My current query involves the receiving of gifts when in receipt of means tested ESA:
I am now receiving income related ESA for mental health conditions ( support group ).
A relative has offered to fund a course of psychological treatment/ therapy for me (the nhs waiting list for anything similar in my area is months and months or never ) but I am wondering whether this is permissible under the IR ESA regulations. Would this be classed as a gift?
If the money is paid directly to the practitioner I can't see a problem but I just want to check.
Additionally, we were wondering also about the rules regarding a relative paying for some essential repair work to be done in my home( it is damp ).
I would be really grateful if you could let me know where to find the regulations that cover this sort of thing.
I am anxious to avoid inadvertently breaking any rules.
many thanks
tree
I have just renewed my membership to your wonderfully informative site and am finding all the updated guides invaluable.
My current query involves the receiving of gifts when in receipt of means tested ESA:
I am now receiving income related ESA for mental health conditions ( support group ).
A relative has offered to fund a course of psychological treatment/ therapy for me (the nhs waiting list for anything similar in my area is months and months or never ) but I am wondering whether this is permissible under the IR ESA regulations. Would this be classed as a gift?
If the money is paid directly to the practitioner I can't see a problem but I just want to check.
Additionally, we were wondering also about the rules regarding a relative paying for some essential repair work to be done in my home( it is damp ).
I would be really grateful if you could let me know where to find the regulations that cover this sort of thing.
I am anxious to avoid inadvertently breaking any rules.
many thanks
tree
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- Gordon
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9 years 1 month ago #131321 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic income related ESA and gifts
tree
I can't see why a one off payment direct to a supplier should not be a problem, it is regular payments that tend to create issues or monies held in accounts before they are spent.
It would be difficult to point you at any specific legislation as the Regulations only define the basic scope of what is allowed or not, it is usually down to a Decision Maker to actually decide whether there is an issue or not with your specific requirement.
Essential repairs or improvements are handled separately, you can accumulate the money yourself but it will be counted as capital after 26 weeks so you need to be careful although a DM can extend the period.
If you want more insurance before proceeding then I would get face to face advice from a qualified advisor, you can sit down with them an explain exactly what you are doing and they should be able to confirm the legality of it and give you copies of any supporting information (e.g. Regulations or Decision Makers Guide). Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
I can't see why a one off payment direct to a supplier should not be a problem, it is regular payments that tend to create issues or monies held in accounts before they are spent.
It would be difficult to point you at any specific legislation as the Regulations only define the basic scope of what is allowed or not, it is usually down to a Decision Maker to actually decide whether there is an issue or not with your specific requirement.
Essential repairs or improvements are handled separately, you can accumulate the money yourself but it will be counted as capital after 26 weeks so you need to be careful although a DM can extend the period.
If you want more insurance before proceeding then I would get face to face advice from a qualified advisor, you can sit down with them an explain exactly what you are doing and they should be able to confirm the legality of it and give you copies of any supporting information (e.g. Regulations or Decision Makers Guide). Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: tree
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- caravanj
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9 years 1 month ago #131336 by caravanj
Replied by caravanj on topic income related ESA and gifts
My advice, as a retired Govt fraud team manager, would be to tell the DWP about EVERYTHING that has any possibility of affecting your ESA & to let the DWP decide what's permissable.
You'd be amazed at the number of claimants who were 'shopped' by disgruntled neighbouirs & family members.
You'd be amazed at the number of claimants who were 'shopped' by disgruntled neighbouirs & family members.
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