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- ESA(IR) back payment and deliberate deprivation ru
ESA(IR) back payment and deliberate deprivation ru
- Drizzle
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The letter says: "We will not add the £xx payment to any capital or savings you have already told us about until your claim ends. If you make a new claim for benefits after x/5/19 your benefit may be affected by this payment."
It sounds like this sum is going to be disregarded as capital or savings for a year or until I make a new claim, whichever comes first. Is that correct? If so, when my capital and savings are next assessed, will they investigate if I've spent a lot of this money? Could doing so be classed as deliberately depriving myselfl? Also, should I contact my council about my HB claim? (I'm due to be reassessed for ESA early next year.)
Any clarity on this would be gratefully received. I don't want to get into trouble for "deliberately" depriving myself of capital just for spending money that was owed to me due to the DWP's error.
Thank you
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- Gordon
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I actually read it as
"this sum is going to be disregarded as capital or savings for the life of your current claim, if you make a new claim for benefit after x/5/19 then your benefit may be effected by this payment"
I would contact your Local Authority just to make sure that they know of the payment, it should be disregarded by them in the same way as for your ESA.
Gordon
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- micksville
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- Gordon
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micksville wrote: out of interest Gordon, if this person migrates eventually onto UC ( as all ESA claimants will have to eventually) might that trigger the new claim scenario and would it then be taken into account?
I can't give a definitive answer as we have not seen the legislation that will enable the transfers, but based on previous transfers it should not result in a new claim and therefore the disregard should continue.
Gordon
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- Drizzle
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Gordon wrote: Drizzle
I actually read it as
"this sum is going to be disregarded as capital or savings for the life of your current claim, if you make a new claim for benefit after x/5/19 then your benefit may be effected by this payment"
I would contact your Local Authority just to make sure that they know of the payment, it should be disregarded by them in the same way as for your ESA.
Gordon
Thank you so much for your reply, Gordon - your interpretation makes more sense than mine! I'll contact my LA asap.
Do you (or anyone else) know whether - if I'm forced to make a new claim for some unforeseen reason in the near future - I'll be regarded as having deliberately deprived myself of this money if I've spent most of it? Would how I spent it be investigated?
Thanks
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- Gordon
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If you had to make a new claim then you may be asked to explain any expenditure that you have made, so make sure that you keep receipts for everything.
Gordon
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