- Posts: 71
× Members
More about inheritance
- King_Drax_I
- Topic Author
- Offline
Less More
5 years 1 month ago #246683 by King_Drax_I
More about inheritance was created by King_Drax_I
On the back of my last question, I have been doing some research and it seems that if the person was to get any money at all in excess of £6,000 and/or in excess of £16,000 then any ESA would be stopped. In that event, if a person had in excess of say £20,000 as their inheritance, would there be any point in continuing with an ESA claim, as the benefit would be stopped anyway?
And that person would then, it seems, have to use their inheritance to live on, instead of receiving ESA. That is, until the amount drops to below £16,000 again, in which case the benefit could be applied for again but would be received at a reduced rate, plus the risk of not being awarded it of course!
Would ending the ESA claim, before the inheritance arrives in the bank account, therefore be a realistic way of managing the existence of the inheritance? If the person was not claiming ESA, it would be nothing to do with the DWP until the inheritance amount drops to below the point where ESA can be claimed again, and a new claim needed to be made. Is that right? I mean it's not really fair for someone to have to do that, but is that the way it would work? Thanks
And that person would then, it seems, have to use their inheritance to live on, instead of receiving ESA. That is, until the amount drops to below £16,000 again, in which case the benefit could be applied for again but would be received at a reduced rate, plus the risk of not being awarded it of course!
Would ending the ESA claim, before the inheritance arrives in the bank account, therefore be a realistic way of managing the existence of the inheritance? If the person was not claiming ESA, it would be nothing to do with the DWP until the inheritance amount drops to below the point where ESA can be claimed again, and a new claim needed to be made. Is that right? I mean it's not really fair for someone to have to do that, but is that the way it would work? Thanks
Please Log in or Create an account to join the conversation.
- King_Drax_I
- Topic Author
- Offline
Less More
- Posts: 71
5 years 1 month ago #246685 by King_Drax_I
Replied by King_Drax_I on topic More about inheritance
Another question is this: does ESA give NI Credits? If so, is there a point at which a person on ESA(IB) can 'migrate' to ESA(contributions based)?
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8436
5 years 1 month ago - 5 years 1 month ago #246686 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic More about inheritance
Hi Drax
You have to remember that ESA(IR) is a means tested benefit dependant upon the public purse whereas ESA(CB) is not means tested.
If as a result of the payment your total savings and assets exceed £16.000 then your ESA(IR) will stop.
There is an assets and savings rule:
Asset and savings rule for ESA(IR)
If your ESA(IR) stopped then you will lose access to passported benefits such as free prescriptions and dental care.
Once your savings go below £16k then you will be eligible to make a new claim.
When you go to reclaim your ESA(IR) you will be informed that you have to apply for UC, unless you are in receipt of SDP as all new legacy benefits have stopped for new income related claimants.
Gary
You have to remember that ESA(IR) is a means tested benefit dependant upon the public purse whereas ESA(CB) is not means tested.
If as a result of the payment your total savings and assets exceed £16.000 then your ESA(IR) will stop.
There is an assets and savings rule:
Asset and savings rule for ESA(IR)
If your ESA(IR) stopped then you will lose access to passported benefits such as free prescriptions and dental care.
Once your savings go below £16k then you will be eligible to make a new claim.
When you go to reclaim your ESA(IR) you will be informed that you have to apply for UC, unless you are in receipt of SDP as all new legacy benefits have stopped for new income related claimants.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 1 month ago by Gary.
The following user(s) said Thank You: King_Drax_I
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
5 years 1 month ago #246688 by Gordon
Yes, ESA pays NI Credits, however, you will need NI Contributions to make a new claim for New Style ESA and these are only available through paid employment or registered Self-employment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic More about inheritance
Drax wrote: Another question is this: does ESA give NI Credits? If so, is there a point at which a person on ESA(IB) can 'migrate' to ESA(contributions based)?
Yes, ESA pays NI Credits, however, you will need NI Contributions to make a new claim for New Style ESA and these are only available through paid employment or registered Self-employment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: King_Drax_I
Please Log in or Create an account to join the conversation.
- King_Drax_I
- Topic Author
- Offline
Less More
- Posts: 71
5 years 1 month ago #246689 by King_Drax_I
Replied by King_Drax_I on topic More about inheritance
If IR(ESA) stops, what happens to the claimant's NI credits, specifically, does the claimant still receive NI Credits? What if the claimant is also on another non-means-tested benefit, e.g. PIP?
Please Log in or Create an account to join the conversation.
- King_Drax_I
- Topic Author
- Offline
Less More
- Posts: 71
5 years 1 month ago #246692 by King_Drax_I
Replied by King_Drax_I on topic More about inheritance
When you say, "If as a result of the payment your total savings and assets exceed £16.000 then your ESA(IR) will stop", does this mean that the claim itself stops/ends (and then the clamiant would have to re-claim later under, as you say, UC) or just that the benefit payment (and passported benefits) stop but the claim itself continues, and is just 'dormant' pending such time as the inheritance drops below the threshold?
If the latter, is there any advantage to leaving it dormant? Why not just terminate the claim?
If the latter, is there any advantage to leaving it dormant? Why not just terminate the claim?
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David