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TOPIC: Esa contributory based support group

Esa contributory based support group 1 month 1 week ago #195331

I live on £118 weekly esa support group contributory benefit

Housing benefit council tax benefit

Higher rate Dla Lower rate care in a one bed council fkat

I am a trustee and a beneficiary of a discretionary trust . There is another trustee and today I took welfare benefit legal advice that cost us £420 !!!
Solicitor took one look at my esa award and mentioned that not only will DWP stop my housing benefit council tax they will or could stop most of my esa as although it is contributions based , the trust will have assets of over £100.000 and they will try to stop this benefit as well but she needs to check this out

Trust solicitors tell us that since it is a discretionary trust I am not entitled to take funds from it only with discretionary of the other trustee

These trusts are designed to be there to provide emergency funds not everyday living expenses . Welfare benefit solicitors also agreed with this as it is written in law

My concern is we will almost certainly have to take DWP to tribunal and I fear I will lose

How can it be that my invalidity benefit that was transferred to esa support group be penalised as a contributory based benefit by having assets ???
Can anyone comment on this ?

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Esa contributory based support group 1 month 6 days ago #195375

  • Gordon
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Michele

I would get a second opinion, the fact that the solicitor is having to check what the rules are for Housing Benefit and ESA at the very shows that they are not experienced in Social Security Benefits.

I would initially try somebody from the Welfare Rights side, do an internet search for "welfare advice" with you postcode, town or county, they may then be able to recommend a solicitor who can look at the legal aspects of the trust.

Based on your post I can see no reason why your ESA(CB) would be effected by the money in the trust, the Housing Benefit is more difficult as it can be impacted on if the trust is not set up properly.

Are your Local Authority aware of the money?

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Gordon.
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Moderators: bro58GordonMrs Hurtyback