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confused: UC or continue 2pay rent on contrib ESA?

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4 years 3 months ago #254636 by BS65
hope you can help as I'm so confused.

I was on Housing benefit and IR ESA with SDP but that all stopped because of an inheritance. Since then I've been on contrib ESA (support group) & paying 100% of my rent & £80+ council tax per month, but now, my savings have dropped below £16k (over £6k). Got advice from w rights worker and I have now informed ESA, they want bank statement on file - fine by me.

Now my W rights worker says I have to claim UC instead of me paying my rent out of savings, so when ESA put me through to UC I asked what happens with my rent payments. They said I can claim UC for rent or I can continue to pay the full amount of my rent out of my savings.

I am now totally confused what I am supposed to do.

ESA told me ESA contrib will carry on till assesment date as I'm in the support group, but, w r worker says I will get UC in its place as my savings have dropped.

I am so, so confused!! I don't know what I am supposed to do I just thought I am entitled to means tested benefit now and that I'd get some of my rent paid by a benefit, but I'm left feeling I have a choice and I just don't know now what to claim for and what not to claim for.

Help!!! :unsure:
thank you so much

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4 years 3 months ago #254657 by Gary
Hi Bert65

If your savings exceeded the £16,000 limit for Income Related ESA then your eligibility for ESA(IR) was terminated, unless you were/are also receiving Contribution Based ESA (not New Style ESA) then you cannot make a new claim for what is now called legacy ESA and your only option is to claim Universal Credit.

If you are receiving legacy CB ESA then you can asked to be financially assessed for Income Related ESA, this should also include any premiums that you previously lost such as SDP.

Once you get your IR ESA back into payment then you can apply for HB.

Savings
If you are below SP age then any saving above £6k or £16k will affect your means tested benefits. If you have any savings over £16k then all means tested benefits will cease. If you have savings over £6k but below £16k then for every bundle or part bundle of £250 over £6k you will loose £1.00 in benefits, this is known as tariff income for those of SP age these figures are different.

The DWP need to see your bank statements to enable them to work out when you entitlement re-starts.

Gary

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The following user(s) said Thank You: BS65

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4 years 3 months ago #254661 by BS65
hiyah still a lil confused, sorry!
when the esa ir was stopped along with the sdp, only then did i begin to get contributory esa.

with regards to my rent, i am still unclear if now I need to apply for ir esa, or for uc, or for hb, or, if i continue to pay 100% of my rent out of the rest of the savings that have now dropped below £16k.

with regards to savings below 16k, i am still unclear if i ask for ir esa or uc in place of esa contributory or as well as esa contributory.

many thanks again for your further clarification as I can't yet get my head around it!!
cheers

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4 years 3 months ago #254664 by Gary
Hi Bert65

By the sounds of it, you were in receipt of CB ESA with a top up of IR ESA as you received additional premiums such as SDP.

When you received your inheritance, it put you over the £16k threshold therefore your IR ESA would have stopped along with HB as they are both means tested benefits whereas CB ESA is not and would have stayed in payment.

If your savings have gone below £16k, providing you have not given away or frivolously used your saving then you can asked to be financially assessed for ESA purposes providing your circumstances have not changed from when you previously claimed IR ESA.

Once you get IR ESA back in payment with SDP component then you can apply for HB.

If you apply for UC then you cannot apply for IR ESA or HB.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: BS65

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4 years 3 months ago #254689 by BS65
thank you for the clarification.
I got to speak also with a senior w r advisor and they said the same as you.

moral of this story - if in any doubt about advice, attempt to get it double checked if at all possible.

I have been advised that the DWP will possibly try to refuse to do the right thing, but now I am ready to fight them tooth and nail, now that I have a definitive answer as to exactly what benefits I'm fully entitled to and which benefits to absolutely not to apply for.

good luck everyone and stay strong and thank you

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4 years 3 months ago #254692 by Gary
Hi Bert65

Let us know how you get on.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: BS65

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