ESA, UC transfer and inheritance

Hi,



I have recently been made to move to UC from ESA and had my claim disallowed.

In late December I received an inheritance from my late Grandparents who’d recently passed away. This inheritance took me over the maximum allowed on ESA. However, due my conditions and the lack of NHS dentists my teeth have deteriorated due to infections, previous illnesses and a general lack of care. I’ve since started seeing a dentist and have been taking her advice on the best course of action to take to sort my dental health. Knowing an inheritance would be coming I borrowed money from my Dad to start my treatment and have subsequently paid him back. I also bought a used car at the behest of my mental health team in order to help me get to appointments because public transport was causing me increased anxiety meaning I wouldn’t be able to make appointments without having a family member free to take me.

Whilst this has depleted a lot of my inheritance, it hasn’t yet taken me under the top limit, however, once my dental treatment has finished it will. This is taking longer than expected due to how long it’s taking things to heal.

I wrote to ESA in January to explain all this and send medical evidence as I believe (due to friends who have more knowledge of the benefits system) medical treatment is exempted. However I never heard anything back, despite it being sent with in timescales for a change as advised on all my letter.

As I was running out of time to make my UC claim and as I’d still not heard back from ESA regarding a decision. I made the claim to UC in early march. When I had my appointment at the job centre my UC claim was denied due to the money in my account. When I mentioned about ESA decision the UC person at he job centre did not seem to understand what I was talking about.. I was told just to apply again in a few months.

Having still not heard anything from ESA my sister called them on up my behalf the following week. The lady on the phone seemed very confused and put us on hold for approx 10 minutes before coming back to clarify the amount of the inheritance and saying my ESA claim has ended. Given the reaction of the lady on the phone it feels as though nobody has taken time to look at the information I provided to make a proper decision and it was just a quick glance. I was initially told my ESA claim was closed because of claiming UC rather than my inheritance.

So I have some questions in regards to this:

1) Should the inheritance be disregarded because of the medical treatment and car?
2) If it is disregarded should this be covered for transitional protection for my move to UC?
3) Should UC have checked with ESA about outstanding decisions?
4) While I’m still waiting for the decision letter do we think I have the right to a reconsideration on both benefits.

My UC decision was made on the 3rd March so my deadline for reconsideration is the 4th April. My ESA decision was made on the 14th March (when we called them) so I think I only have 2 weeks left for that. Ideally I’d like to make an appeal but want make sure I have a case. Any help would appreciated.