Less than £16000 in equity - can I claim ESA...?

M11GEGSAFC

Are you happy that you understand why your ESA should have been stopped, your initial post does not suggest this?

I agree that fighting a battle that you cannot win is a waste of your time, but there appear to be issues of what the DWP have been informed of and when which might have a material effect on what you have to repay, which you do not appear to have the answers to at this time.

Without making any suggestion as to which of the following is the right outcome, there is not enough information for us to do so, there appear to be a number of possible outcomes;

- The amount is payable, the DWP may also levy a fine for failing to properly notify the DWP.
- An amount is payable, this may depend on the information supplied to the DWP and when
- The amount is not recoverable, either the DWP accept official error as you notified them on time or their calculations on the overpayment are incorrect

Don't assume that the DWP's calculations are correct, you should ask for a detailed breakdown of how they have arrived at their Decision.

Without knowing the terms and conditions of your husband's half share I cannot state the following for certain, but I would not have expected the capital from an asset which cannot be disposed of to count against your ESA.

I need to stress that we are limited in the advice we can give on this situation as it requires access to the papers involved which we cannot do on the forum, the above are areas that you should consider looking at.

Gordon