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6 years 8 months ago #195687 by Perdita
Replied by Perdita on topic ESA claim
Am I to expect to have to do another ESA50 in 6 months if my award is for 18 months, Is that likely ?

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6 years 8 months ago #195696 by Perdita
Replied by Perdita on topic ESA claim
I decided to go for it, going with the flow of this last DWP advisor saying go ahead and can be allowed to retain ESA payments when money from buy to let hits bank whilst looking for a home. Quickest decision for me in a long time lol. Spoke to County Council today about Housing Benefit and they had on their screen the DWP info saying that I can still receive the ESA payments when buy to let money hits my account whilst looking for home so that's good
The following user(s) said Thank You: Gordon

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6 years 8 months ago #195709 by Gordon
Replied by Gordon on topic ESA claim

Cruella wrote: Am I to expect to have to do another ESA50 in 6 months if my award is for 18 months, Is that likely ?


No ESA reassessments are started a couple of months before the reassessment date so you should have at least 15 months and maybe more.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 8 months ago #195748 by Perdita
Replied by Perdita on topic ESA claim
So pleased, i have respite from the ESA claim. CAB have said to me that although I have been given the go ahead (despite previously have been told no)and told yes i can still have ESA payments when i receive buy to let money whilst looking for a home to buy with it, that when my buy to let money hits my account another DM may say no even though there are notes on my file saying yes i can continue receiving ESA payments. Do you think that could happen?

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6 years 8 months ago #195751 by Gordon
Replied by Gordon on topic ESA claim

Cruella wrote: So pleased, i have respite from the ESA claim. CAB have said to me that although I have been given the go ahead (despite previously have been told no)and told yes i can still have ESA payments when i receive buy to let money whilst looking for a home to buy with it, that when my buy to let money hits my account another DM may say no even though there are notes on my file saying yes i can continue receiving ESA payments. Do you think that could happen?


I think you should concentrate on what is happening rather than what might happen, I realise that it is probably a reflection of your conditions to do this but you are not doing yourself any good by looking for the worst in every situation, especially when it is out of your control to deal with these issues if they should occur

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 8 months ago #195879 by Perdita
Replied by Perdita on topic ESA claim
I appreciate what you are saying but am trying to weigh up whether to proceed with completion of my buy to let sale and hope the DWP processing my claim stick to what this DWP person from another office has entered on my file - ie permission to remain on ESA ie capital from buy to let sale to be disregarded allowing me to look for home. (previously a DM from actual office where my claim processed said i could use money for buying a home but i could not remain on ESA once buy to let money hits my account). I could with great difficulty hang on to the sale of buy to let and coincide it with purchase of a home. I'm trying to work out whether this differing in the two DWP responses is down to discretion or down to differing knowledge of he law. In the DM guidance , the statements next to the 5 digit number , are these laws or good practice statements?

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