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(IR) ESA and settlement agreement payment
- Teacher5
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6 years 8 months ago #195481 by Teacher5
(IR) ESA and settlement agreement payment was created by Teacher5
I'm on contributions based ESA with a income related top up as I also get enhanced PIP (both parts). I've just had a settlement agreement payment of £14,000 which takes my capital to £16,325, after taking off back payments for PIP and IR ESA which I got last month.
I've just started the process to apply for a disabled facilities grant as my Occupational Therapist has recommended a stair lift and wet room.
I know I'll now lose my IR top up for ESA, but by the time I get the ESA 3 form, ( I wrote to DWP on the 9th - the day I got the money), my mortgage payment will have gone out and I'll be under £16,000 again.
Any advice on when/ if I can fill in another ESA 3 to get the IR top up back and be eligible for the disabled facilities grant again, or might DWP take into account the fact that I'll be under £16,000 when I get the first form?
I'd be really grateful for any advice!
I've just started the process to apply for a disabled facilities grant as my Occupational Therapist has recommended a stair lift and wet room.
I know I'll now lose my IR top up for ESA, but by the time I get the ESA 3 form, ( I wrote to DWP on the 9th - the day I got the money), my mortgage payment will have gone out and I'll be under £16,000 again.
Any advice on when/ if I can fill in another ESA 3 to get the IR top up back and be eligible for the disabled facilities grant again, or might DWP take into account the fact that I'll be under £16,000 when I get the first form?
I'd be really grateful for any advice!
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- Gordon
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6 years 8 months ago - 6 years 8 months ago #195497 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic (IR) ESA and settlement agreement payment
Teacher
The calculation is more complicated, repetitive income is disregarded for the interval between payments, so for example; your ESA will be for two weeks and your PIP is four weeks. The problem with your argument about your mortgage payment is that you will simply be in the same position next month, you need to consider reducing your capital in a reasonable manner.
Be aware, even if you get back below the £16,000 there is a £1/week deduction for every £250 in excess of £6000.
All you can do is complete an ESA3 and see what happens, you can request further ESA3's as needed.
Gordon
The calculation is more complicated, repetitive income is disregarded for the interval between payments, so for example; your ESA will be for two weeks and your PIP is four weeks. The problem with your argument about your mortgage payment is that you will simply be in the same position next month, you need to consider reducing your capital in a reasonable manner.
Be aware, even if you get back below the £16,000 there is a £1/week deduction for every £250 in excess of £6000.
All you can do is complete an ESA3 and see what happens, you can request further ESA3's as needed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 8 months ago by Gordon.
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- Teacher5
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6 years 8 months ago #195554 by Teacher5
Replied by Teacher5 on topic (IR) ESA and settlement agreement payment
Thanks Gordon. I hadn't realised that the repetitive payments are also disregarded for 2/4 weeks. I assumed they wouldn't be disregarded at all. That is really helpful! It really does seem a bit of a minefield trying to establish if you're entitled to IR benefits!
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