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ESA payments suspended two years ago, due to gift - what now?

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2 years 8 months ago #270821 by King_Drax_I
My family member was on ESA, and was gifted a fair bit of money around two years ago, which pushed their savings above the £16,000 threshold, so their claim remained open (so NIC were being paid etc.) but they no longer received actual ESA payments.

Now, however, their bank balance has dropped to below £6,000 (the lower threshold), so we are thinking of reinstating the claim. At the time the payments were stopped, we were told that we would probably have to apply for UC when the claim was reinstated. Next week, I will call the DWP and ask what happens next, but I also wondered if there was any pointers, roadmap or advice that the forum mods could let me have...will we have to apply for UC? Will this involve being reassessed as if for ESA? The claimant's medical condition has remained completely unchanged for the duration of this recent unpaid episode; the condition is untreaable so we don't have any 'new' medical notes to support such an application, although we do have the original communications from the GP, of course, from years ago.

Any advice, please?

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2 years 7 months ago #270928 by Gary
Hi Mick

I have to assume that your family member was in receipt of Income Related ESA, if this is correct then I am not sure why your family members ESA would stay open if their savings were over £16k.

Once their saving fell below £16k then they would have been eligible to re-claim their IR ESA.

Unfortunately IR ESA or CB ESA is no longer available to new claimants, you have to either claim Universal Credit or New Style ESA or both depending on your circumstances.

UC is a benefit you apply for on line: www.gov.uk/universal-credit

Your family member will need a "fit note' to give to their workcoach when they have their appointment, they will need to sign a claimant commitment.

Gary

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

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