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DLA without ESA
- rayisfun@hotmail.com
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8 years 6 months ago #141544 by rayisfun@hotmail.com
DLA without ESA was created by rayisfun@hotmail.com
I wonder if anyone can advise me about my DLA. I had incapacity benefit up until June 2013 when I was due for reassessment. My father had died and left me some money and instead of reapplying I didn't go for the review and the benefit was stopped. I continued to claim DLA as my conditioned has not improved. I no longer have much of the money my father left me so reapplied for Housing and Council Tax Benefit now that the funds are below the limit. The council want to know why I stopped the incapacity benefit and what I have been living on. Should I have continued to claim ESA or should I start a new claim now? At the time of the review I was feeling very ill but had no support so couldn't face the ESA interview and decided to rely on the money my dad left.
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- Gordon
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8 years 6 months ago #141558 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA without ESA
Spectralis
It's arbitrary as you didn't, but you could have claimed ESA and it would not have been effected by your inheritance as you would have received Contribution Based ESA if transferred.
As you have broken your claim and I assume not worked since 2013, you can now only claim Income Related ESA as you will not be able to meet the Contribution Conditions for ESA(CB).
Your council are asking about the ESA, because you are making a nil income claim for Housing Benefit, etc. and there are limited circumstances in which this can be done.
If you want to make a claim for ESA then you will need to GP to provide a Fit Note certifying you are unable to work at the moment. Have a look at our ESA Claim guide for details of how to make a claim and the criteria against which you will be assessed.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
It's arbitrary as you didn't, but you could have claimed ESA and it would not have been effected by your inheritance as you would have received Contribution Based ESA if transferred.
As you have broken your claim and I assume not worked since 2013, you can now only claim Income Related ESA as you will not be able to meet the Contribution Conditions for ESA(CB).
Your council are asking about the ESA, because you are making a nil income claim for Housing Benefit, etc. and there are limited circumstances in which this can be done.
If you want to make a claim for ESA then you will need to GP to provide a Fit Note certifying you are unable to work at the moment. Have a look at our ESA Claim guide for details of how to make a claim and the criteria against which you will be assessed.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- rayisfun@hotmail.com
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8 years 6 months ago #141597 by rayisfun@hotmail.com
Replied by rayisfun@hotmail.com on topic DLA without ESA
Thanks Gordon for your reply. If I don't want to claim ESA is that ok or do I need to claim it if I receive DLA and I want to claim Housing and Council Tax Benefit? Do ESA and DLA have to be claimed at the same time? My living expenses do not exceed the DLA I receive which is why I haven't claimed it recently.
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8 years 6 months ago #141603 by Gordon
Providing your council is prepared to accept a nil income claim on this basis then there is no need for to claim ESA if you do not want to.
DLA and ESA are separate benefits, you can claim one, the other or both.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA without ESA
Spectralis wrote: Thanks Gordon for your reply. If I don't want to claim ESA is that ok or do I need to claim it if I receive DLA and I want to claim Housing and Council Tax Benefit? Do ESA and DLA have to be claimed at the same time? My living expenses do not exceed the DLA I receive which is why I haven't claimed it recently.
Providing your council is prepared to accept a nil income claim on this basis then there is no need for to claim ESA if you do not want to.
DLA and ESA are separate benefits, you can claim one, the other or both.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 6 months ago #141682 by eckimo
Replied by eckimo on topic DLA without ESA
If you are not claiming any benefit except DLA you are missing out on national insurance credits, which will affect your pension eventually.
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