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TOPIC: ESA support group and inheritance

ESA support group and inheritance 2 weeks 3 days ago #220618

hello I hope you can offer some advice on my current situation. My mom has passed recently and has left me a substantial sum of money (19k) ... I am currently permanently unfit for working and am on PIP (both elements high rate) and receiving ESA and in the support group.
Now I am aware that there is a cut off limit of 16k whereby no benefits are payable, understandably and there is a taper from 6k until this limit is reached.
My issue is that currently my area is FULL UC, now my worry is that when my money drops below the 16k threshold which it soon will as I have to pay for a headstone for my mom and will have to start paying my own rent. once this happens will I have to make a claim for UC? I want to avoid this as I am long term disability on UC I will be substantially worse off in the long run, loosing the premiums etc, I also do not think I would manage well being paid monthly.
Is what I have outlined the case or is there any ways to avoid this?
I would also like to by a prearranged funeral plan as my mom did but until now have never had the money, there will be no one to do the on my behalf once im gone.
any advice will be appreciated. thank you.

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ESA support group and inheritance 2 weeks 8 hours ago #220657

idave

The experts seem to be divided on this so you will have to see what you can get away with.

So, one view is that exceeding the £16,000 limit should only prevent the payment of your ESA, it should not remove entitlement to it providing you do not lose your Limited Capability for Work by working. There is also a 12-week rule which allows a re-claim of ESA which you may be able to argue is applicable.

If these are accepted, then when your total assets and savings drop below the limit then you can ask for your claim to be restarted and as this is not a new claim for ESA, you would not need to claim UC.

The counter-argument is that exceeding the limit closes your ESA(IR) claim and therefore a new claim is needed although you may still be able to argue that the 12-week rule still applies, assuming you are in a position to re-claim within this timescale. If this is correct then UC will be your only option and as it will be a new claim you will need to qualify for an award as well.

The expenses should be OK but keep receipts for everything.

Gordon
The following user(s) said Thank You: Becca

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

ESA support group and inheritance 1 week 6 days ago #220760

thank you for your reply Gordon, I had hope for a black or white answer but these things are never like that are they lol
Ive been doing some research too and it has been put forward that even if I do not qualify for any payment under ESA I may still qualify for a credits only claim? is there any validity in this? would this keep my current claim "open"?

also the timeline after all the outgoing payments (I mentioned in my first post) have been made would be well within the 12 week limit, so I would be under the 16k quite quickly, im guessing as soon as they money enters my account those payments out would soon be made, thus bringing me into the Esa payment limits, would the DWP still count they original inheritance figure?

thanks :)

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ESA support group and inheritance 1 week 6 days ago #220780

idave wrote: thank you for your reply Gordon, I had hope for a black or white answer but these things are never like that are they lol
Ive been doing some research too and it has been put forward that even if I do not qualify for any payment under ESA I may still qualify for a credits only claim? is there any validity in this? would this keep my current claim "open"?

also the timeline after all the outgoing payments (I mentioned in my first post) have been made would be well within the 12 week limit, so I would be under the 16k quite quickly, im guessing as soon as they money enters my account those payments out would soon be made, thus bringing me into the Esa payment limits, would the DWP still count they original inheritance figure?

thanks :)


A Credit Only claim was what I was talking about although I did not call it that.

Providing the expenditure is reasonable and not done with the intention of claiming benefits then it should be ignored but these matters are at the discretion of a Decision Maker so I'm afraid it is grey again.

Gordon

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ESA support group and inheritance 1 week 6 days ago #220802

Gordon wrote:

idave wrote: thank you for your reply Gordon, I had hope for a black or white answer but these things are never like that are they lol
Ive been doing some research too and it has been put forward that even if I do not qualify for any payment under ESA I may still qualify for a credits only claim? is there any validity in this? would this keep my current claim "open"?

also the timeline after all the outgoing payments (I mentioned in my first post) have been made would be well within the 12 week limit, so I would be under the 16k quite quickly, im guessing as soon as they money enters my account those payments out would soon be made, thus bringing me into the Esa payment limits, would the DWP still count they original inheritance figure?

thanks :)


A Credit Only claim was what I was talking about although I did not call it that.

Providing the expenditure is reasonable and not done with the intention of claiming benefits then it should be ignored but these matters are at the discretion of a Decision Maker so I'm afraid it is grey again.

Gordon


Ok thanks for that, that makes some sense, so when. I call them, I tell them I want to make a credits only claim and when my account is back under the 16k limit I should “re start” my previous ESA claim. Hopefully this will pass without incident.

If it is not accepted and I’m pressed to start a new UC, claim, I would argue the 12 week rule (although I have read that there is new guidance for on this that limits any previous linkage, don’t know if this correct?)

Also and I appoigise for the long post but are there any changes recently announced with the recent adjustments the government has had to make that would make things easier? Ie changes to transitional protections or payment of SD elements.

And lastly you if I have to claim UC (and my conditions and entitlements stay the same) will I have to start from scratch ie claims and Medicals? Will the fact that I was in the support group assist my claim?
I was hoping that recent changes to the UC system would help but I’m guessing not.

Thank you for your advice.

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ESA support group and inheritance 1 week 6 days ago #220805

idave

No, you would first ask for your ESA claim to be put back into payment as you are the under the £16,000 limit.

If that fails then you ask for your ESA claim to be put back into payment due to the 12-week rule, if still applicable.

Only if both of these options are rejected do you make a claim for UC. It will be treated as a completely new claim with no reference to the previous ESA claim and you will have to declare that you are not Fit for Work and ask to be reassessed, you will need to provide Fit Notes to be excused from your Claimant Commitment.

You can use any of the information from your ESA award to support your being placed in the LCWRA Group the UC equivalent of the SG, but your previous SG has no influence on UC beyond this.

Gordon

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