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esa/income support stopped
- sandesh nahar
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7 years 4 months ago #174778 by sandesh nahar
esa/income support stopped was created by sandesh nahar
My esa has been stopped because the council wrongly told dwp i have savings of over £16,000 the same thing happened with my brother who gets imcome support both of us are waiting for mandatory reconsideration but should go to an appeal is there advice or tips you can give for the appeals p.s. both of our bank accounts prove that we dont
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- Gordon
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7 years 4 months ago #174782 by Gordon
To be honest there is little advice that we can give as this is an issue of fact.
Your payments will have been suspended rather than your claims closed, at least at this time.
There are two issues; do you have savings and assets in excess of £16,000 in which case you cannot receive payment on your ESA claim and your brother's IS claim will be closed. If you have over £6000 then your payments should have been reduced, if you have not notified the DWP of this then there would be an issue of an overpayment.
My best advice is for both of you to get face to face advice, we can provide limited help on these issues from the forum. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa/income support stopped
sandesh nahar wrote: My esa has been stopped because the council wrongly told dwp i have savings of over £16,000 the same thing happened with my brother who gets imcome support both of us are waiting for mandatory reconsideration but should go to an appeal is there advice or tips you can give for the appeals p.s. both of our bank accounts prove that we dont
To be honest there is little advice that we can give as this is an issue of fact.
Your payments will have been suspended rather than your claims closed, at least at this time.
There are two issues; do you have savings and assets in excess of £16,000 in which case you cannot receive payment on your ESA claim and your brother's IS claim will be closed. If you have over £6000 then your payments should have been reduced, if you have not notified the DWP of this then there would be an issue of an overpayment.
My best advice is for both of you to get face to face advice, we can provide limited help on these issues from the forum. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- sandesh nahar
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7 years 4 months ago #174884 by sandesh nahar
Replied by sandesh nahar on topic esa/income support stopped
Both my brothers bank statements go back further than 6 months they say he inherited interest in property but you can only inherit something if it was written in a will for you so i dont understand he still plans to appeal
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- BenefitsBod
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7 years 4 months ago #174891 by BenefitsBod
Hello Sandesh. If you are able to find a face-to-face advisor, s/he will need to know whether there is EITHER legal ownership OR a "beneficial interest" in the property. It's possible to have an interest in an asset without it being expressly left in a will. A Mandatory Reconsideration (or any subsequent appeal) is unlikely to succeed on the sole grounds that an asset wasn't left in a will.
If it turns out that, for benefit purposes, the value of the asset must be taken into account, benefit regulations say the valuation must have 10% disregarded as well as any "encumbrance" on the asset. An example of an encumbrance would be a mortgage secured on the property or other secured loan.
You'll need an advisor that is familiar with benefits related "case law" (i.e. legal authorities) that covers these specific issues. "Legal authorities" include, for example, Upper Tribunal decisions, older Social Security Commissioners' decisions and court judgements. The more information and relevant documentation you can give the advisor, the easier it will be for him/her to point you in the right direction.
Replied by BenefitsBod on topic esa/income support stopped
sandesh nahar wrote: Both my brothers bank statements go back further than 6 months they say he inherited interest in property but you can only inherit something if it was written in a will for you so i dont understand he still plans to appeal
Hello Sandesh. If you are able to find a face-to-face advisor, s/he will need to know whether there is EITHER legal ownership OR a "beneficial interest" in the property. It's possible to have an interest in an asset without it being expressly left in a will. A Mandatory Reconsideration (or any subsequent appeal) is unlikely to succeed on the sole grounds that an asset wasn't left in a will.
If it turns out that, for benefit purposes, the value of the asset must be taken into account, benefit regulations say the valuation must have 10% disregarded as well as any "encumbrance" on the asset. An example of an encumbrance would be a mortgage secured on the property or other secured loan.
You'll need an advisor that is familiar with benefits related "case law" (i.e. legal authorities) that covers these specific issues. "Legal authorities" include, for example, Upper Tribunal decisions, older Social Security Commissioners' decisions and court judgements. The more information and relevant documentation you can give the advisor, the easier it will be for him/her to point you in the right direction.
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