Please can you confirm if accrued unspent IR ESA benefit payments in my bank account are treated by the DWP as Savings/Capital (in respect to both ESA and Housing Benefit rules) and are therefore subject to the lower and upper permitted limits? If that is the case, please could you direct me to where I can find/view this specific DWP document which states this. Secondly, please could you tell me if my PIP payments in my bank account would also be included when calculating my ESA permitted savings/capital allowances.
I'm afraid any unspent income at the end of the period of payment (2 weeks for ESA) is treated as savings/capital thereafter and is considered in regard to the £6000 and £16,000 limits for ESA and Housing Benefit.
I can't find a definitive Regulation that covers this my feeling is that it is held to be self-evident.
Where ESA(IR) and HB are both in payment it is the ESA payments that take precedence. Basically, if a claimant qualifies for ESA(IR) then they also qualify for Housing Benefit. Deductions, if any, are made from the ESA payments, not the HB.
The same applies to PIP with a 4-week payment period.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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