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Inheritance, capital and ESA question.

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6 years 1 month ago #206954 by jmaok
ESA and Inheritance Query.

First off, I would just like to thank Gordon and the guides from B&W for helping me to successfully get placed in the ESA support group. I got the letter today, and it, for the time being at least, puts a full stop on a process that has included several cancelled assessments and 9 months since initial application.

However….

Just before I received today’s letter from the DWP, I received the inheritance cheque from my late mother’s estate. This amount, plus the backdate payment from the DWP which I was not expecting, puts me over the £16k cut-off. I paid the cheque in on Saturday, and once the balance updates on the account I will be sending a copy of the statement to the DWP. To inform them of my new capital.


Questions…

1. Do I need to include a cover note to explain the source of the funds? Or just send the statements off as usual and let them process them?
2. Do I need to implicitly state I want my claim kept open for the NI credits?
3. Do I need to do anything else, such as ring them, as well? What exactly will happen in the process?
4. What happens when the capital dips back under £16k in 4-6 weeks? Do I just send them the new statement?
5. Will any of the above be made more complicated by my area going full UC since November last year (my claim started June 2017)? For example when capital goes under £16k, and payment restarts albeit with an income tariff applied, will the DWP move me over to UC or restart as ESA?

Thanks for any help, and also thanks again the help I received on here.

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6 years 1 month ago #207022 by Gordon
Replied by Gordon on topic Inheritance, capital and ESA question.
jmaok

1. Yes, they will only ask if you don't.

2. No, but I would just to be sure.

3. Send the letter by a tracked post and make sure that you retain the ticket for it, ring them a week after it is posted to confirm delivery. Don't spend any ESA that you receive as you will need to pay it back. You'll have to wait for them to make a Decision on what to do next.

4. When your savings have reasonably been reduced to under £16,000 then you can notify the DWP and get your ESA(IR) re-instated. They may ask about how you have spent the money, depending on the amounts and how quickly it is reduced.

5. UC should not be an issue, the £16k prevents payment, it does not close your claim. You may need to argue this point.

Gordon

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

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6 years 1 month ago #207025 by jmaok
Replied by jmaok on topic Inheritance, capital and ESA question.

3. ....You'll have to wait for them to make a Decision on what to do next.


What decision would they need to be making here?

5.You may need to argue this point.


Oh joy.... :(

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6 years 1 month ago #207031 by Gordon
Replied by Gordon on topic Inheritance, capital and ESA question.
jmaok

Everything requires a Decision, so they must Decide to stop payment of your ESA due to you have more than £16k.

Gordon

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

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6 years 1 month ago #207036 by jmaok
Replied by jmaok on topic Inheritance, capital and ESA question.
Ah. I see. Sometimes the language used but the DWP is enough to strike fear into my heart.

It’s been quite the rollercoaster today.

Final question, how do they take the overpayments back? Do I pay them or do they just reverse them/take them back somehow?

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6 years 1 month ago #207041 by Gordon
Replied by Gordon on topic Inheritance, capital and ESA question.

jmaok wrote: Final question, how do they take the overpayments back? Do I pay them or do they just reverse them/take them back somehow?


There may not be one as ESA as paid fortnightly in arrears but if there is one then they will usually ask you to pay it back.

Gordon

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