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TOPIC: ESA contribution based savings limit

ESA contribution based savings limit 9 months 2 weeks ago #198322

Gordon wrote: CMT

ESA is a single benefit with two sets of eligibility criteria.

For Contribution Based ESA you qualify due to your NI Contribution history, claimants receiving SDA are considered to have met this criteria and will be transferred to ESA(CB).

For Income Related ESA you qualify due to low household income and savings.

It is also possible to receive ESA(CB) with an ESA(IR) top-up.

There are two groups for ESA the WRAG and the Support Group, neither group determines the type of ESA you receive, you can receive ESA(CB) and/or ESA(IR) and be in the WRAG and you can be receiving ESA(CB) and/or ESA(IR) and be in the Support Group.

However, if you are receiving ESA(CB) and you are placed in the WRAG then your payments are limited to 365 days, this restriction does not apply to the Support Group. See

12 Month Limit for ESA(CB)



I was transferred from invalidity benefit to esa support group contributions based too up in 2012 .

In 2008 my parents set up a discretionary trust naming me as a trustee and a beneficiary , my brother a beneficiary and a close friend who is my trustee .

Solicitors were negligent in giving my parents advice in setting up this trust as I should never been made a trustee !

However , mum died 4 weeks after Trust was set up and get will left her quarter share worth £45.000 of the house in my trust but my father remained being cared for in the house . I was living on housing benefit in a council fkat on my own in re riot of Higher date Dla lower rate care

I did not disclose the trust to DWP in 2008 and neither in 2012.

My father died last December and the trust now has assets of £147500 as my brother being a beneficiary of my trust bought the trusts half share of the house .

We have Welfare benfit Solicitor on board and trust solicitor but trust solicitor advises us we are not legally obliged to disclose the trust and welfare Solicitor says the opposite .

The trust has to pay Caoital gains tax on selling trusts share of the house and once we register this with the HMRC this will almost trigger exposure of the trust with me as trustee .

I am now concerned DWP will charge me with fraud ?

And claim back the top up ESA element from 2008 plus all housing benefit council tax . My argument is :

The trust had a one quarter share of the house but my father was living in the house with Carer's .

So although the trust had Capital worth in bricks and mortar NOT money or income from the house , how can they penalise me financially from 2008?



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ESA contribution based savings limit 9 months 2 weeks ago #198352


I'm afraid it's impossible for us to say what might happen about any potential over payment.

You have two solicitors, one with welfare experience, they gave sight of all the papers involved in your claim and your relationship with this trust, we have none of this, you need to work with the people already involved to see If you have any liabilities and how things need to be managed going forward.


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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke