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Handling a bereavement
- paul
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4 years 7 months ago #251275 by paul
Handling a bereavement was created by paul
Hi, I am new to this site and haven't learned how to use it properly yet. I may have posted somewhere else and lost it, thus repeating myself. I am a 60yr old male on Income Related ESA since 2015. I am in the support group. I live in a Council bedsit. I am a self employed carpenter working the permitted hours, occasionally 16 hrs a week. I keep and submit accounts to HMRC; the DWP use these accounts to assess me. So far there's been no complaints. I have had no work due to covid 19 since last year. Next year due to the death of my father, on the sale of his house, I may inherit 1/4 share. This will exceed the permitted capital I am allowed to have but in no way would it lift me out from the poverty trap I am in. Mostly because of the depreciation of capital rules. I will lose most or all my benefits until I have 'spent off' down to the £16,000 limit. However, this is all very generic. I have researched all the generic advice here and elsewhere and understand the basic rules of £6,000 - £16,000. I have also heard I may be able to apply for legitimate expenses which could mitigate the 'Depreciation of Capital Assets' rules - so that the period which I have to live off my assets is shortened. For example I had my toolkit stolen, could I apply to replace those tools with my capital and have that amount reduced from the period of living? Could I apply for long needed new things such as a van or new mattresses? I have a disabled son not living with me and he needs lots of help, his flat needs work etc, we need to help his son, my grandson. So, is there any way I can appeal to the DWP with all this, after all we are a family in need and it seems rather harsh to have to live off my entire capital as a replacement of my state benefits? Particularly since they're not really enough to live on, unless I get rid of the car and the broadband. How does any exemption from deprivation of capital work? Who do I apply to and when? What forms and so on? What is a 'Decision Maker' and how do they need me to communicate with them? I'm sorry to ask so many questions in one go. Paul.
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- Gary
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4 years 7 months ago #251287 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Handling a bereavement
Hi paul
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
I'm afraid we can't offer any advice on what you might do with regard to the house and payments, it is outside of the remit of the forum.
As you receives Income Related ESA in part or in whole then it will be affected by any money that you have.
Savings rule for ESA(IR)
Try and get advice from a salaried Welfare Rights Worker, although I do appreciate that at this moment in time it is easier said than done, although I know a number of advice centres are doing telephone advice as I contacted one on Friday.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
I'm afraid we can't offer any advice on what you might do with regard to the house and payments, it is outside of the remit of the forum.
As you receives Income Related ESA in part or in whole then it will be affected by any money that you have.
Savings rule for ESA(IR)
Try and get advice from a salaried Welfare Rights Worker, although I do appreciate that at this moment in time it is easier said than done, although I know a number of advice centres are doing telephone advice as I contacted one on Friday.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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