× Members

Reducing my ESA due to savings

More
8 years 5 months ago - 8 years 5 months ago #144017 by purplestar
Reducing my ESA due to savings was created by purplestar
Hello
I was hoping you could you help me please?
Yesterday I received a visit from a compliance officer, they informed me I was £3,000 over the savings allowance for my ESA ( old income support bit) I didn't know the allowance was only £6,000 and I had built the "extra" £3,000 up over a number of years as a back up for my private medical care (local NHS has nothing more to offer me) and for my future too - I'd hoped to have enough money to at least do some courses when I was well enough in the future.

I'm shocked and upset as I would never have knowingly gone over the limit and I don't recall ever having any notification of this set amount. He said I could be fined £50 along with having to payback the benefit. He also said I could spend the extra money in a big splurge, treat myself but with receipts- I felt very insulted at this point because in my mind that would be amoral, but obviously I realise I need ESA to live off long term, as I have already been living at home with my parents (now retired) for 15 years due to severe M.E/CFS. So is that what I need to do, to spend the money? He did mention seeing another Lady in the local area in a similar position i.e. working age claimant living at home "where it was easy for money to mount up because of no rent to pay" - so am I and my family being penalised because I have to live at home?

Could you advise me when the £6,000 savings limit came into effect please, and how that information was supplied to claimants? I can find it on the website but I was only directed there by the compliance officer yesterday. He also inferred that I would have had this information in my pack with my ESA form - he referred to my 2011 form not my 2013 application. I received my 2011 form back as I had to appeal and I can't see anywhere where I had to declare a specific amount of savings. Can I appeal this? And what would the likelihood be of me being successful?
I did sign a statement saying I wasn't aware of the limit and had exceeded it, yesterday, with the compliance officer.


I'm due to be moved onto PIP from DLA at some point - retrospectively I can see perhaps he was assessing me for this during the interview too, asking me questions about CFS then saying " is that the same as yuppie flu?" and then asking about my prognosis. Due to the shock I really don't feel I answered as fully as I could have.

So any advice regarding what I can do next would be very much appreciated.
Thank you in advance
Best wishes
Alison
Last edit: 8 years 5 months ago by . Reason: tick.

Please Log in or Create an account to join the conversation.

More
8 years 5 months ago #144042 by Gordon
Replied by Gordon on topic Reducing my ESA due to savings
purplestar

There has always been a limit on savings and assets for Income Related ESA and on Income Related Benefits such as Income Support as far back as I am aware.

Can I just confirm that you have £9000 in savings and not £19,000 as the latter will stop your ESA payments and there will be a large overpayment?

If you completed an ESA1 when you claimed the benefit then it is referred to on page 2 of the form, but even if you did not I am afraid that ignorance of the law is not a defence although it may counter suggestions of fraud.

You can appeal any Decision that results from this interview, but only on the facts of the matter i.e. whether your savings exceeded the £6000 or not.

There is a £1/week deduction for every £250 of savings over the limit so if you have an extra £3000 this will be a £12 per week deduction that will be recovered. You should get all of your bank statements together as you may be able to reduce the amount recoverable by showing that your savings were lower in the past.

You can reduce your savings by reasonable expenditure, however, there is no definition of what reasonable expenditure actually is and if there is a query on what you have bought, it will be down to a DWP Decision Maker to decide whether it was acceptable or not, keep all of your receipts. A generous Christmas may be one way forward or you can keep your savings and simply accept the deduction, either way, wait until the DWP have decided how much they will recover from you.

Any comments you made about your health to the Compliance Officer will have no effect on any PIP claim that you might make, they are not part of the assessment team.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: purplestar

Please Log in or Create an account to join the conversation.

More
8 years 5 months ago #144072 by purplestar
Replied by purplestar on topic Reducing my ESA due to savings
Thanks Gordon
I fill in an ESA50 form and I thought I had a limit greater than £6,000 but I do see that will be difficult to argue.
My savings are £9,000 and have been built up over 5 years or so by the looks of things it was March last year I went over the £6,000 mark.
The stupid thing is my parents have been helping me out with bills etc so I could put money aside as they're worried about my future as I'm 36 and very dependent on them- I guess they were worried what would happen to me if anything happens to them as they're getting older :( If I'd have known I just would've used the money I had -feel an idiot as caused lots of distress to them too.
I have medical tests that are due that will cost quite a bit so I will pay for them out of my savings as originally planned and will definitely use the money from now on for all my bills.
The officer said it would be new Year before I heard how much I'd need to repay etc.
Thanks for the reassurance about my comments not affecting PIP and thank you for answering my post.
Best wishes

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.