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ESA-redundancy-- damage payment --next??

  • sanhong
  • Topic Author
12 years 10 months ago #59676 by sanhong
Dear everybody:

I have experienced a lot in this recent year or more.
Due to stress from job,I became sick for more than a year.I have put my discrimination case into tribunal since last year. I got ESA since January this year, I had failed medical exam in April period time, I had appeal since then,CAB had represent me to appeal, I didn't have any hearing for this appeal, I only submitted some medical evidence to CAB,then they just awarded me ESA.They said:your appeal has been heard by an independent appeal tribunal,The tribunal has decided that you are entitled to employment and support allowance. you have been placed in the work related activity.It seems the appeal is easy for me for this ESA.
now my employment tribunal for my discrimination case also give me final result.I will be paid a sum of somewhat money to settle my case but also end of my job, my job is redundant now. my solicitor said It is damage payment in legal case, I checked in inland revenue, this isn't earnings ,so it isn't incoming , I hope it will not influence my child tax credit which is quite a lot since my son is disabled as well. Does everybody has knowledge in this area ? since I will receive a lump sum payment, then my bank saving will be more than 16,000, then does it effect my ESA ?
if so, can I use the damage payment from tribunal to open a business account and put it into a business account? my husband has already regisitered a company formally, but we haven't open any business account yet. if we put the money into business account, I gave myself a low salary for example 500 pounds a month---since my business haven't generate any profit yet.Then I become self employed ?I read from our website as follows, www.benefitsandwork.co.uk/news/latest-ne...the-best-way-forward

from ESA to self employed ---the government are encouraging it ,isn't it ? I may get work tax credit and other supporting etc,it could be :book keeping --account help, second telephone line and vehicle etc .I don't know whether it is a better way to move on from ESA to self employed after I receiving the money?? Since I may lose my ESA if this money arrives . isn't it ? But it is the damage payment from legal case , for example ,people damage my TV, then I got the payment of the TV,It isn't earnings and incoming, that is clear from inland revenue's website. but I don't know whether it will influence my ESA , if it does influence My ESA, then can I become self employed and still get work tax credit ?I checked the website and found work tax credit isn't related with any bank savings.I also hope it will not influence my child tax credit. if this money influence all of these benefit, I really feel it isn't fair and it isn't worth to fight a legal case in tribunal which cost my energy and time and somewhat solicitor cost as well.
Please give me a good advice, I'm confused now.Thank you for potential help from here!!Thanks a lot.

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12 years 10 months ago #59679 by Derek4
Replied by Derek4 on topic Re:ESA-redundancy-- damage payment --next??
Hi Sanhong

I'm afraid you need to seek face-to-face advice regarding your situation.

As Moderators our area of expertise is in relation to disability living allowance, attendance allowance, the personal capability assessment used in connection with incapacity benefits and the work capability assessment used in connection with employment and support allowance. So those are the only subjects on which we can provide reliable information.

Unfortunately, you also need to bear in mind that boards like this can never provide advice to individual claimants about their specific circumstances, all we can offer is general information about how the system works.

This is because there are huge range of factors which could affect your eligibility and it’s not possible or advisable for you to disclose that information on a public forum or for us to ask you the kind of questions that would be required.

We understand that this can be frustrating and that it’s sometimes a question of judgement about the degree to which a question is specific to your claim or more general in nature. But, for our sake and your own it is important that we do our best to stick to giving information rather than advice.

So, for advice about a specific advice you need to contact an advice agency if at all possible.


Good luck

Derek

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