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ESA and Financial Eligibility
- AnnaC
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8 years 2 months ago #150493 by AnnaC
ESA and Financial Eligibility was created by AnnaC
Good Afternoon. I have just joined this group following problems with my claim for ESA which I hope you may b able to help me with and also give advice on how to proceed. Having recently been made redundant from work and also having had a total hip replacement mid December I have applied for ESA. I am still recovering from the op and am seeing the doctor because it looks as though the osteo arthritis problem has moved to one of my knees. My dilemma is that the DWP is chasing me for information on the 10% share I have on a property with my sister who is the majority shareholder. She is retired and will not agree to this being sold to release funds for me to live on whilst I am not capable of working. I have provided the DWP with evidence that I only have a 10% share but have just been informed by them today that thy have written to me again for more information on this investment. As I was made redundant just before Christmas and therefore have no income coming in at all, I am in dire straights. My doctor continues to sign me off and quite frankly who would want to employ a 62 year old who has to rely on crutches to get around? Has anyone else been through similar circumstances with the DWP? I have rarely been out of work in the 40+ years of working so have always paid into the system but presumably this counts for nothing.
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- Gordon
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8 years 2 months ago #150501 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and Financial Eligibility
Anna
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
If the DWP are chasing you about this investment then it would imply that you have made a claim for Income Related ESA, is there any reason that you do not qualify for Contribution Based ESA?
ESA(IR) takes your household income, assets and savings and any work that a partner does into account when looking at eligibility for ESA.
Contribution Based ESA eligibility depends on your NI Contribution payments during the two proceeding complete Tax Years, for a claim made this year these would be 2013-14 and 2014-15. In particular your assets and savings are not considered.
As the DWP have asked for information they will not progress your claim until they receive a satisfactory response, all you can do is respond as quickly as possible.
From what you have posted they are looking at three issues, that you have the 10% stake in the property, the monetary worth of the asset an finally whether it is realisable.
You appear to have confirmed that you have the 10% stake.
It's worth will dependant on it's market value minus any outstanding loans against it.
Whether it is realisable would depend on whether you sister is willing to sell, I assume that you must both agree to a sale. You say that she will not sell at this time, has she confirmed this in writing to you or the DWP.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
If the DWP are chasing you about this investment then it would imply that you have made a claim for Income Related ESA, is there any reason that you do not qualify for Contribution Based ESA?
ESA(IR) takes your household income, assets and savings and any work that a partner does into account when looking at eligibility for ESA.
Contribution Based ESA eligibility depends on your NI Contribution payments during the two proceeding complete Tax Years, for a claim made this year these would be 2013-14 and 2014-15. In particular your assets and savings are not considered.
As the DWP have asked for information they will not progress your claim until they receive a satisfactory response, all you can do is respond as quickly as possible.
From what you have posted they are looking at three issues, that you have the 10% stake in the property, the monetary worth of the asset an finally whether it is realisable.
You appear to have confirmed that you have the 10% stake.
It's worth will dependant on it's market value minus any outstanding loans against it.
Whether it is realisable would depend on whether you sister is willing to sell, I assume that you must both agree to a sale. You say that she will not sell at this time, has she confirmed this in writing to you or the DWP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- AnnaC
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8 years 2 months ago #150886 by AnnaC
Replied by AnnaC on topic ESA and Financial Eligibility
Hi Gordon
Thank you so much for your reply. I am in a right state about all of this as having lost my job (redundancy) just before my op, I wish I had gone for the NI contribution route but am so unfamiliar with all of this that I did not know it was possible. I have also applied for PIP and have an interview with ATOS in the next couple of weeks. I expect this might be a no go as well.
My worry is that they will try to make us sell the property and refuse to help as I have this stake. Unfortunately I have been unable to speak directly to the decision maker and keep being fobbed off when I ring to discuss.
To be honest, I have worked all of my life and paid all of my tax and NI (40 years or so). I hope I dont lose everything I have worked hard for over the years.....
Anna
Thank you so much for your reply. I am in a right state about all of this as having lost my job (redundancy) just before my op, I wish I had gone for the NI contribution route but am so unfamiliar with all of this that I did not know it was possible. I have also applied for PIP and have an interview with ATOS in the next couple of weeks. I expect this might be a no go as well.
My worry is that they will try to make us sell the property and refuse to help as I have this stake. Unfortunately I have been unable to speak directly to the decision maker and keep being fobbed off when I ring to discuss.
To be honest, I have worked all of my life and paid all of my tax and NI (40 years or so). I hope I dont lose everything I have worked hard for over the years.....
Anna
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- slugsta
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8 years 2 months ago #150900 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA and Financial Eligibility
Hi Anna,
If you are entitled to contributory ESA that will always be paid in preference to income-related ESA. It seems to me that this is your main issue at the moment. Did you 'choose' to apply only for income-related ESA ? Did you receive any advice about this beforehand?
If you are entitled to contributory ESA that will always be paid in preference to income-related ESA. It seems to me that this is your main issue at the moment. Did you 'choose' to apply only for income-related ESA ? Did you receive any advice about this beforehand?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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