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ESA and inheritance

  • crad2@hotmail.com
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5 years 7 months ago #216889 by crad2@hotmail.com
ESA and inheritance was created by crad2@hotmail.com
I get ESA income related and in the support group.
I am about to receive an inheritance of around £30k which i assume will stop all my ESA and council tax benefit. I think the upper limit is £16k savings.
Will i be asked to close my ESA claim or will i be able to keep it "open" so to speak until my savings drop below the £16k level?
Not sure how they will work this out as my savings reduce over the coming few years as i am not able to work.
Any advice appreciated
Thank you

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5 years 7 months ago #216892 by Gordon
Replied by Gordon on topic ESA and inheritance
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Exceeding the £16,000 limit prevents payment, your ESA claim should remain open and it should be just a matter of notifying the DWP if your savings and assets go back below the limit, if you think that this is a possibility then make sure that you retain the receipts from any purchases you make as the DWP may ask you to account for the money you have spent.

Also, be aware you will no longer qualify for the passported benefits from ESA(IR), such as free prescriptions and dental care.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 6 months ago #218470 by crad2@hotmail.com
Replied by crad2@hotmail.com on topic ESA and inheritance
Going back to my original post about inheritance. I'm in support group of ESA, income related
I am about to receive a cheque for just over £30k . I am going to write to the DWP and inform them of this.
Should i put in the letter that i want my claim to remain open?
Also will i still receive national insurance credits as i will not be entitled to any ESA payments?
Thank you

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5 years 6 months ago #218481 by Gordon
Replied by Gordon on topic ESA and inheritance
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I would ask for the claim to be left open and to receive the NI Credits.

If you can, send it using a Tracked post so you have proof of delivery.

Gordon

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5 years 4 months ago #223418 by crad2@hotmail.com
Replied by crad2@hotmail.com on topic ESA and inheritance
I have had a vague reply from DWP after informing them of my inheritance savings.
I asked them to keep my claim "open" and pay N.I credits.
They replied " we may pay N.I credits" and no mention of my claim remaining open, just to ask them to look at my claim again if my savings go below £16,000.
I know there are some complex rules about what i am allowed to spend savings on ect
Should i ask them to clarify matters regarding N.I credits and what i am allowed to spend?
thank you again

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5 years 4 months ago #223435 by Gordon
Replied by Gordon on topic ESA and inheritance
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The rules about reducing your savings are far from clear and are often at the discretion of a Decision Maker so you won't get any clarity from the DWP. The overriding rule is that you cannot spend the money with the deliberate intent of receiving benefits nor can you give or gift the money to a third party, you will still be considered as being in possession of it, lastly whilst you can clear general debts you should not pay them off early, so as an example; paying of a mortgage early would be a problem.

If you have a letter that says we pay NI Credits, then I would not bother to push the issue, you are unlikely to get a more specific answer.

Gordon

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