Moving from ESA and HB to UC after an inheritance

Hi Alan,

Presumably you have invoices to show how much you had to pay, and have receipts? Also do you have a letter eg from a solicitor or executor of the will, to prove the amount of your inheritance. All these documents may well be required and should be retained in case needed.
It is unlikely that the expenses you describe would cause what is called 'deprivation of capital', where DWP argue you have deliberately wasted money in order to achieve benefits payments.
Presumably you need to make a UC claim in order to regain Housing Benefit. If you temporarily go over the capital limit in respect of ESA, and you still have Ltd capability for work, you can continue on a notional ESA claim, often called a credits only claim. When your capital is below the limit the ESA can be put back into payment. Unfortunately there are no rules that allows a HB claim to be put back into payment in the same way, so if you wish to claim the equivalent of HB ie housing element, claiming UC is the only way forward.
Please have a read of the UC guide in the members pages. This may help with your claim.

Alan,

Presumably you have invoices to show how much you had to pay, and have receipts? Also do you have a letter eg from a solicitor or executor of the will, to prove the amount of your inheritance. All these documents may well be required and should be retained in case needed.
It is unlikely that the expenses you describe would cause what is called 'deprivation of capital', where DWP argue you have deliberately wasted money in order to achieve benefits payments.
Presumably you need to make a UC claim in order to regain Housing Benefit. If you temporarily go over the capital limit in respect of ESA, and you still have Ltd capability for work, you can continue on a notional ESA claim, often called a credits only claim. When your capital is below the limit the ESA can be put back into payment. Unfortunately there are no rules that allows a HB claim to be put back into payment in the same way, so if you wish to claim the equivalent of HB ie housing element, claiming UC is the only way forward.
If you need further information about claiming UC check the members guides:
Alan,

Presumably you have invoices to show how much you had to pay, and have receipts? Also do you have a letter eg from a solicitor or executor of the will, to prove the amount of your inheritance. All these documents may well be required and should be retained in case needed.
It is unlikely that the expenses you describe would cause what is called 'deprivation of capital', where DWP argue you have deliberately wasted money in order to achieve benefits payments.
Presumably you need to make a UC claim in order to regain Housing Benefit. If you temporarily go over the capital limit in respect of ESA, and you still have Ltd capability for work, you can continue on a notional ESA claim, often called a credits only claim. When your capital is below the limit the ESA can be put back into payment. Unfortunately there are no rules that allows a HB claim to be put back into payment in the same way, so if you wish to claim the equivalent of HB ie housing element, claiming UC is the only way forward.

More information can be found in the members pages which includes a guide about transferring from ESA to UC.
www.benefitsandwork.co.uk/help-for-claimants/esa1#claims
Good luck with your UC claim.

LL26

Hi Alan
In my opinion if you can keep your legacy benefits then this would be better. I wasn't sure that this would be possible, but perhaps the CAB had extra information?
You do need to contact DWP. Sending a letter could be the answer. I have had conversations with one person at DWP only to find that the next person I speak with says the complete opposite! At least if every thing is written down it is set in stone and won't be contradicted.
I know that in our local area, there is a partnership system where you can report any benefits information to the local authority who will pass it on to DWP as required. I can't remember what it is actually called. Perhaps your area has a similar set up, so all you need to do is contact the council office? If you don't contact DWP directly or via a council office, there is a danger that DWP will look into potential overpayments, or other investigations, and your lack of contact might then look suspicious. Then even though you have done nothing wrong a whole lot of hassle ensues!
Let us know how you get on.
LL26