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TOPIC: ESA claim

ESA claim 5 months 3 weeks ago #186117

Cruella wrote: I think I may get something like five pounds a week as my finances are right now! But at least it will be set up and act as an insurance if the flat selling goes wrong because that five pounds I assume will have to increase if flat still not sold after a few months cos my savings will be right down by then. If you are eligible for a little ESA does it mean you ll normally eligible to a little HB? (Though I want to put off any HB claim for as long as possible really cos I don t know that my landlord will like it)


Entitlement to any ESA(IR) usually implies entitlement to HB.

Gordon

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

ESA claim 5 months 3 weeks ago #186219

Thank you. I finally did the phone call for ESA1 today! At the beginning of the phone call I explained to the advisor about how my buy to let is going through the sales process and how I thought this means that the buy to let capital may be disregarded, meaning I may get a little ESA temporarily until it is sold. Anyway I went through the entire process with the guy answering the questions about bank balances etc and also questions on the buy to let such as mortgage payments on it, income after expenses on it, how much buy to let flat worth etc. Then after I hung up all relieved phone call done, I suddenly realised that the guy may not have made notes on the fact that the buy to let is going through the sales process, that question was not a question that appeared on the ESA1 form. So do I just have to wait for the ESA1 statement to come through in the post that I believes comes with a letter asking for photocopies of my bank statements etc, then when sending photocopies of bank statements, fit notes etc should I at that point include a letter explaining buy to let flat going through the sales process? Or do I need to phone ESA people tomorrow to ensure the selling of buy to flat is noted do you think?

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ESA claim 5 months 3 weeks ago #186239

Cruella

Well done with making the call.

I would wait and see what they send back to you.

I'm not aware of anything that stops the DWP treating the house as an asset just because you are selling it and of course all you will actually be doing is changing an asset into capital, both of which are taken into account for EAA(IR).

Gordon

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ESA claim 5 months 3 weeks ago #186243

Thank you, ignore my repeat posting please! Sorry! I found in government capital disregards literature a bit where it says words to the effect that capital relating to premises can be ignored for up to 6 months if claimant making active steps to sell the premises, but this may be an incorrect interpretation on my part - it will be interesting to see what transpires.

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ESA claim 5 months 3 weeks ago #186245

I just wonder if allowing ESA for the interim period whilst trying to sell a property, an asset, is a safety net in case sale is problematic and takes a long time ( possibly my worry) and you run out of money whilst waiting for sale, or if unanticipated circumstances out of the blue suddenly leave you with no savings apart from money tied up in investment property.

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ESA claim 5 months 3 weeks ago #186251

Cruella wrote: I just wonder if allowing ESA for the interim period whilst trying to sell a property, an asset, is a safety net in case sale is problematic and takes a long time ( possibly my worry) and you run out of money whilst waiting for sale, or if unanticipated circumstances out of the blue suddenly leave you with no savings apart from money tied up in investment property.


It's down to a Decision Maker on the day.

Gordon

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