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Migration from Incap ben to ESA

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13 years 11 months ago #18401 by Crazydiamond
Replied by Crazydiamond on topic Re:Migration from Incap ben to ESA
If you have been receiving certain social security benefits because of an accident in which you sustained a personal injury, you may have to pay these back out of any compensation you get.

The rules about deduction from benefits are complex, and if you think you may be affected you should seek specialist advice from an experienced adviser, for example, a Citizens Advice Bureau.

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

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13 years 11 months ago #18403 by micksville
Replied by micksville on topic Re:Migration from Incap ben to ESA
Yes they have been paid back to DWP but what is left is the rediue after the paid back benefits, this has dragged on for seven years now. I am talking about the lump sum payment I am now due

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13 years 11 months ago #18407 by Steve Donnison
Replied by Steve Donnison on topic Re:Migration from Incap ben to ESA
Hi micksville,

The capital rules for contribution based ESA are virtually the same as for incapacity benefit, so it si still possible to qualify for CB ESA if you have capital.

Steve

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  • bro58
13 years 11 months ago #18426 by bro58
Replied by bro58 on topic Re:Migration from Incap ben to ESA
Hi What ever benefit you get if you are getting a personal injury compensation payment ask your solicitor to put the remainder of your award into a personal injury trust, that way you can still get your benefits no matter what they are. It costs around £700/800 to set up but you can have full access to your money and still claim even if you get social security disability top ups, however you can not use your compensation to pay for day to day items your benefit would normally cover, and you must keep records of what you have spent, so if you wanted a big screen TV no body could stop you getting one. Speak to your solicitor, he/she should have spoken to you about this knowing you are on benefits. I hope this helps.

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