- Posts: 47
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- ESA reduced as loan being treated as income. Help!
× Members
ESA reduced as loan being treated as income. Help!
- lianna
- Topic Author
- Offline
Less More
10 years 1 month ago #130418 by lianna
Replied by lianna on topic ESA reduced as loan being treated as income. Help!
Thanks. I have had some of the work done, other things have to wait until the spring, and I will give my dad back as much as I can afford now. I'll ask them to look again at the decision and send them the invoices for the flooring I bought and the money I paid for the labour.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
10 years 1 month ago #130429 by Gordon
Thanks for the update.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reduced as loan being treated as income. Help!
lianna wrote: Thanks. I have had some of the work done, other things have to wait until the spring, and I will give my dad back as much as I can afford now. I'll ask them to look again at the decision and send them the invoices for the flooring I bought and the money I paid for the labour.
Thanks for the update.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- lianna
- Topic Author
- Offline
Less More
- Posts: 47
10 years 1 month ago #130798 by lianna
Replied by lianna on topic ESA reduced as loan being treated as income. Help!
hi Gordon,
Well to add insult to injury they have now demanded £228 overpayment. I haven't even had chance to send the letter asking them to look at the decision again as I'm waiting on copies of quotes. I'm hoping everything works out as it says in black and white in their own guidelines that loans for improvements should not be counted as capital or income.
Unfortunately I can't ask them to disregard their payment of dla arrears as it was almost 2 years ago, that is the money from which I had saved for my dental work. If it wasn't for that even with my dad's loans my account would have been under £6,000. I'm hoping I'm just one of the unlucky ones where they deliberately make a wrong decision to reach their targets.
Well to add insult to injury they have now demanded £228 overpayment. I haven't even had chance to send the letter asking them to look at the decision again as I'm waiting on copies of quotes. I'm hoping everything works out as it says in black and white in their own guidelines that loans for improvements should not be counted as capital or income.
Unfortunately I can't ask them to disregard their payment of dla arrears as it was almost 2 years ago, that is the money from which I had saved for my dental work. If it wasn't for that even with my dad's loans my account would have been under £6,000. I'm hoping I'm just one of the unlucky ones where they deliberately make a wrong decision to reach their targets.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
10 years 1 month ago #130825 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reduced as loan being treated as income. Help!
lianna
The overpayment and your challenging the Decision are at the moment separate process and will not come together until the Decision is overturned or you exhaust your options for appeal.
Whilst money set aside for house repairs should be disregarded, it is normal for it to be only disregarded for 26 weeks, whilst it is possible for this period to be extended this is at the discretion of the Decision Maker this is usually only done because the work is taking longer than this to be done.
Gordon
The overpayment and your challenging the Decision are at the moment separate process and will not come together until the Decision is overturned or you exhaust your options for appeal.
Whilst money set aside for house repairs should be disregarded, it is normal for it to be only disregarded for 26 weeks, whilst it is possible for this period to be extended this is at the discretion of the Decision Maker this is usually only done because the work is taking longer than this to be done.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- lianna
- Topic Author
- Offline
Less More
- Posts: 47
10 years 1 month ago #131077 by lianna
Replied by lianna on topic ESA reduced as loan being treated as income. Help!
It was less than 26 weeks when they made the decision. I spoke to them yesterday and they are going to send me reasons why the decision was made and wait for my reply before they do the mandatory reconsideration. The person I spoke to seemed surprised that I had provided proof of the loan plus quotes for all the work and still got refused. I really believe they looked at my fragile mental state and thought they wouldn't be challenged. I'm still hoping they will change the decision and it won't have to go to a tribunal.
Please Log in or Create an account to join the conversation.
- caravanj
- Offline
Less More
- Posts: 42
10 years 1 month ago #131578 by caravanj
I think you'll find a loan probably has to be a commercial loan from a licenced financial organisation such as a bank.
Replied by caravanj on topic ESA reduced as loan being treated as income. Help!
lianna wrote: My main problem is that I don't understand why they are treating it as savings, when it says a loan for home improvements should not be treated as savings/income. I have a signed letter from my dad saying it is a loan for home improvements.
I'm having some of the work done now but the outside work needs to wait until the weather is better.
I think you'll find a loan probably has to be a commercial loan from a licenced financial organisation such as a bank.
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