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ESA change in circs
- Tess2012
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6 years 3 weeks ago #218557 by Tess2012
ESA change in circs was created by Tess2012
Hi there
i was unfairly dismissed from my job of 17 years I’m May 2017and have claimed ESA and PIP but waited a year to get backordered money so only awarded I end of July this year. I have been going through an employment tribunal and have won on ground of disability discrimination. My award is going to be in the region of £70,000. I plan to use this money to pay off my mortgage of £62,000. The tribunal award judgement says I will not be able to continue claiming my ESA. I am going to be using the money I get immediately to pay off my home so still won’t have any more money apart from £8,000 I have left which I’m going to use to clear my credit card and loan debts. Is this correct as I’m not sure what I’m supposed to live on if my ESA stops? Any advice would be gratefully appreciated.
Thanks
Tess
i was unfairly dismissed from my job of 17 years I’m May 2017and have claimed ESA and PIP but waited a year to get backordered money so only awarded I end of July this year. I have been going through an employment tribunal and have won on ground of disability discrimination. My award is going to be in the region of £70,000. I plan to use this money to pay off my mortgage of £62,000. The tribunal award judgement says I will not be able to continue claiming my ESA. I am going to be using the money I get immediately to pay off my home so still won’t have any more money apart from £8,000 I have left which I’m going to use to clear my credit card and loan debts. Is this correct as I’m not sure what I’m supposed to live on if my ESA stops? Any advice would be gratefully appreciated.
Thanks
Tess
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6 years 2 weeks ago #218595 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA change in circs
Tess
I've moved your post to its own topic, we ask members not to post their questions in other member's topics as it can lead to the wrong advice being given or taken.
What type of ESA are your receiving?
- Income Related
- Contribution Based
- or a combination of the two
What did the Employment Tribunal say about your ESA?
Paying off these debts, in particular, your mortgage may be considered as Deprivation of Capital and you may be considered as still being in possession of the money and denied any Income Related benefits as a result, there is a savings limit of £16,000.
I would not make any decisions on this until you have been able to get advice from a trained advisor.
Gordon
I've moved your post to its own topic, we ask members not to post their questions in other member's topics as it can lead to the wrong advice being given or taken.
What type of ESA are your receiving?
- Income Related
- Contribution Based
- or a combination of the two
What did the Employment Tribunal say about your ESA?
Paying off these debts, in particular, your mortgage may be considered as Deprivation of Capital and you may be considered as still being in possession of the money and denied any Income Related benefits as a result, there is a savings limit of £16,000.
I would not make any decisions on this until you have been able to get advice from a trained advisor.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Tess2012
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6 years 2 weeks ago #218624 by Tess2012
Replied by Tess2012 on topic ESA change in circs
Hi Gordon
Thanks for your response. Sorry I posted wrong place not sure hw to do it.
I am on income related ESA support group. The reason I need to pay off mortgage is that the bank have only held off on repossession as I had promised I could pay the whole amount off once I got my award. I haven’t pay d them anything since May 2017 when I was dismissed.
The tribunal in their judgement states “miss ward is made aware that she may not be entitled to continue claiming ESA once award is received”
Thanks I will get expert advice as you suggest. Who would I approach for this advice please?
Thanks
Tess
Thanks for your response. Sorry I posted wrong place not sure hw to do it.
I am on income related ESA support group. The reason I need to pay off mortgage is that the bank have only held off on repossession as I had promised I could pay the whole amount off once I got my award. I haven’t pay d them anything since May 2017 when I was dismissed.
The tribunal in their judgement states “miss ward is made aware that she may not be entitled to continue claiming ESA once award is received”
Thanks I will get expert advice as you suggest. Who would I approach for this advice please?
Thanks
Tess
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- Gordon
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6 years 2 weeks ago #218627 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA change in circs
Tess
Do an internet search for "welfare advice" with your postcode, town or county.
If you can show that the bank is requiring full payment of the outstanding mortgage then you may be able to avoid the Deprivation of Capital rules but you need an advisor who can communicate with the DWP on your behalf if necessary
Gordon
Do an internet search for "welfare advice" with your postcode, town or county.
If you can show that the bank is requiring full payment of the outstanding mortgage then you may be able to avoid the Deprivation of Capital rules but you need an advisor who can communicate with the DWP on your behalf if necessary
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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