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legacy benefiits/UC and changes in savings

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3 years 11 months ago #260030 by little_spider
legacy benefiits/UC and changes in savings was created by little_spider
Hello all.

I'm on ESA (in the Support Group). I'm currently below the savings thresholds, but it's possible that I may receive a lump sum at some point (via family) which could take me just over the threshold. If this does happen, I anticipate that there would probably come a further point in the future at which I dip back under the savings thresholds again and thus become re-eligible for benefits (including Housing Benefit).

I want to ask the following:

if I do go above the savings thresholds and this can't be avoided, once I advise the DWP of this, will my claim for ESA effectively end?

if I then dip below the savings threshold again and become eligible once more to receive benefits, will I then be forced to claim Universal Credit rather than ESA?

if I do indeed need to claim UC at such a point, will my experience of claiming it be different to how it currently is in the ESA Support group? (in other words, will it be more intrusive, will I have to do an online journal, etc?).

Thanks in advance to anyone who can help.

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3 years 11 months ago #260044 by Gary
Hi hablitza tamnoides

We cannot answer your question as you have not stated which type of ESA you are receiving.

If you are in receipt of CB ESA then you are not limited in your savings, i.e there is no threshold, if you are in receipt of IR ESA then your entitlement will be affected if your savings go over a set limit, £6,000 under SP age and if over £16,000 IR ESA will stop.

The answer to your question is yes. Once you savings go below £16,000 then you will be able to apply again but not for IR ESA or HB, you would have to apply for UC with housing element.

Yes you will have a journal to complete and a new WCA if you give your work coach a 'Fit Note'.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 11 months ago #260064 by little_spider
Replied by little_spider on topic legacy benefiits/UC and changes in savings
Many thanks Gary for your reply.

Just to check something: so, in the case whereby I have to reapply for benefits in the form of UC later, does your reference to WCA mean that I would need to be reassessed - eg, I'm assuming that your reference to WCA in your post refers to Work Capbability Assessment?

And as regards a 'Fit Note', presumably this means that as part of my UC application I'd have to get a medical certificate from my doctor and submit that?

And is it then the case that I'd basically have to 'start from scratch' when claiming UC, notwithstanding the fact that I'm in the Support Group?

Thanks again.

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3 years 11 months ago #260069 by little_spider
Replied by little_spider on topic legacy benefiits/UC and changes in savings
Oh! Just one other thing, related to the question of whether a claim is for CB or IR ESA.

The correspondence I have doesn't make things explicit in this regard - however it does refer to my being credited with NI contributions whilst receiving ESA. I also receive SDP. Do either of these give any clues?

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3 years 11 months ago #260082 by Gary
Hi hablitza tamnoides

I can't answer your question as I do not know what type of ESA you are receiving.

If you are receiving IR ESA then your claim would stop if you have savings over £16,000. therefore you would have to start from scratch, as legacy ESA is no longer available to new claimants you would have to apply for UC and a new WCA once you provide a 'Fit Note'.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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3 years 11 months ago #260083 by Gary
Hi hablitza tamnoides

As you receive a SDP then that tells me you are in receipt of IR ESA, as you cannot receive SDP with only CB ESA. To complicate the matter some more, some claimants can receive both CB ESA and IR ESA depending on their circumstances.

Which is why we would advise you to seek help from your local Welfare Rights Organisation who can then take all your circumstances into consideration. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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