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Contributory ESA / Second property / Rental Income 2 days 1 hour ago #254575

Hello there

I am currently receiving income based contributory based ESA

My mother may not have much longer to live .... when she dies I will inherit her house.
I know that I will no longer be eligible for Income based ESA. I think that I will still be entitled to contributory ESA as it is not means tested?

I am considering letting the property but am not sure if it would affect my ESA

Does anyone know if this is considered as work?

I thought not and had been told by an advisor at a charity that it would not be considered as work and that it would be considered as income derived from an asset . She did say that she wasn't legally trained though. I wouldn't be doing much as I would ask an agent to manage it.

There was however a query from someone on this forum in a similar situation who said that they had been contacted by the DWP to say that they had breached the permitted work rules and that they were liable to pay back their ESA.

I am very confused. The guidelines are hundreds of pages long and I do not have the cognitive ability to go through them. If anyone has any experience / knowledge please could you point me in the right direction. If you had specific reference to the rules that would be very helpful.

Alternatively if anyone knows of a legally trained welfare benefit advisor that would be really helpful.

Thank you and best wishes

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Contributory ESA / Second property / Rental Income 1 day 3 hours ago #254623

Hi lexi500

I have answered this post in a previously message.

I did forget to say that from your post I cannot tell which component you are receiving as you state you are in receipt of 'income based contributory based ESA'

If you are in receipt of IR ESA you will not be able to claim contribution based ESA when your IR ESA stops. If you are in receipt of CB ESA then that will stay in payment.

CB ESA for new claimants is no longer available, you would have to apply for NS ESA.

NS ESA like CB ESA is dependant upon your NI contributions. Providing you have at least 50 weeks of NI Contributions in both of the Tax Years 2017-2018 and 2018-2019 then you can make a claim for New Style ESA, this is a Contribution Based benefit so your household income, with the exception of any pension income you receive, is disregarded as are your assets and savings.



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