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ESA informing my local authority about a change in circumstances, and impact.
- NorthernHeights
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2 years 7 months ago #271875 by NorthernHeights
ESA informing my local authority about a change in circumstances, and impact. was created by NorthernHeights
Hi,
This starts with my visiting my council's Customer Services last month, to find out if an inheritance over £16,000 would affect my HB and CT Relief. They informed me that because of my DWP claim status, they regard me as having a 'passported claim' with them and would thus disregard my savings/capital.
This led me to double check with DWP ESA, which resulted in my means tested elements being discontinued from my ESA claim, but I'm still in receipt of the CB ESA Supported amount. I'm also still receiving DLA at Care Lower and Mobility Lower rates.
I thought it best to return council's CS, and presented my latest letter from DWP ESA. It turns out that DWP have informed the council of my change of circumstances, and suddenly I'm no longer entitled to any HB, and am now liable for full CT. However, the lady at the desk is a good'un, and was diligent. She said it looked like an automated response, and helped me fill out a query form. She also said that the council's benefits dept may not explain why this has changed, and simply say 'It's because of a DWP decision'.
Please could someone advise about the following..?
Is it because I no longer qualify for Disability Income Guarantee payments from ESA that this changes the status of my 'passported' council claim?
Or could it be because of how the system works automatically when DWP digitally informs the council's IT system, but could be altered/reverted in my favour if an actual human in Council Benefits dept intervenes?
Thanks in advance.
This starts with my visiting my council's Customer Services last month, to find out if an inheritance over £16,000 would affect my HB and CT Relief. They informed me that because of my DWP claim status, they regard me as having a 'passported claim' with them and would thus disregard my savings/capital.
This led me to double check with DWP ESA, which resulted in my means tested elements being discontinued from my ESA claim, but I'm still in receipt of the CB ESA Supported amount. I'm also still receiving DLA at Care Lower and Mobility Lower rates.
I thought it best to return council's CS, and presented my latest letter from DWP ESA. It turns out that DWP have informed the council of my change of circumstances, and suddenly I'm no longer entitled to any HB, and am now liable for full CT. However, the lady at the desk is a good'un, and was diligent. She said it looked like an automated response, and helped me fill out a query form. She also said that the council's benefits dept may not explain why this has changed, and simply say 'It's because of a DWP decision'.
Please could someone advise about the following..?
Is it because I no longer qualify for Disability Income Guarantee payments from ESA that this changes the status of my 'passported' council claim?
Or could it be because of how the system works automatically when DWP digitally informs the council's IT system, but could be altered/reverted in my favour if an actual human in Council Benefits dept intervenes?
Thanks in advance.
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- LL26
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2 years 6 months ago - 2 years 6 months ago #271930 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic ESA informing my local authority about a change in circumstances, and impact.
Hi NorthernHeights,
There are clear rules that stipulate that for these legacy benefits that you are not entitled to receive these if you have more than £16,000 of savings. This is the law and is non negotiable!
Most local authorities have a system whereby information provided to them from a claimant is passed on to DWP and this is reciprocated back to the Council. It is therefore unsurprising that the Council informs DWP.
The £16k savings rule would apply to means tested ESA, Housing Benefit and Council Tax Benefit.
It seems that you have entitlement to the Contribution based ESA (which was presumably topped up by means tested ESA) You will 'lose' the disability guarantee simply because you are no longer entitled to means tested benefits.
Once your savings reduce under £16k, you would be entitled to reclaim benefit however I suspect that this will have to be a claim for Universal Credit instead.
I'm afraid that I don't quite understand what you have been told by the Council about a passported claim. Yes, if you are entitled to means tested ESA then you will normally be entitled to other means tested benefits such as Housing Benefit.
Passporting is where you automatically gain a second benefit simply by virtue of being granted the first. You have to show separate entitlement to get eg Housing Benefit etc, it isn't given just because you have ESA.
I hope this helps.
LL26
There are clear rules that stipulate that for these legacy benefits that you are not entitled to receive these if you have more than £16,000 of savings. This is the law and is non negotiable!
Most local authorities have a system whereby information provided to them from a claimant is passed on to DWP and this is reciprocated back to the Council. It is therefore unsurprising that the Council informs DWP.
The £16k savings rule would apply to means tested ESA, Housing Benefit and Council Tax Benefit.
It seems that you have entitlement to the Contribution based ESA (which was presumably topped up by means tested ESA) You will 'lose' the disability guarantee simply because you are no longer entitled to means tested benefits.
Once your savings reduce under £16k, you would be entitled to reclaim benefit however I suspect that this will have to be a claim for Universal Credit instead.
I'm afraid that I don't quite understand what you have been told by the Council about a passported claim. Yes, if you are entitled to means tested ESA then you will normally be entitled to other means tested benefits such as Housing Benefit.
Passporting is where you automatically gain a second benefit simply by virtue of being granted the first. You have to show separate entitlement to get eg Housing Benefit etc, it isn't given just because you have ESA.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 2 years 6 months ago by LL26. Reason: Missed out something
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- Gordon
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2 years 6 months ago #271932 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA informing my local authority about a change in circumstances, and impact.
NH
I think that your Local Authority is saying that whilst you were in receipt of Income Related ESA any deductions from your HB that would normally be made due to your income or savings would be made only from your ESA(IR) to avoid a double deduction.
Once your ESA(IR) entitlement ended due to your having more than £16,000 in savings then your HB became liable to the same rules and was also stopped.
Based on your post you are receiving legacy ESA so if your savings reduce to less than £16,000 you can again receive ESA(IR) in addition to your Contribution Based ESA subject to a deduction of £1 for every £250 of savings in excess of £6000.
However, you cannot make a new claim for Housing Benefit, the only route back to these payments is via a claim for Universal Credit. You would retain your ESA(CB) but it would be deducted £ for £ from the UC.
Gordon
I think that your Local Authority is saying that whilst you were in receipt of Income Related ESA any deductions from your HB that would normally be made due to your income or savings would be made only from your ESA(IR) to avoid a double deduction.
Once your ESA(IR) entitlement ended due to your having more than £16,000 in savings then your HB became liable to the same rules and was also stopped.
Based on your post you are receiving legacy ESA so if your savings reduce to less than £16,000 you can again receive ESA(IR) in addition to your Contribution Based ESA subject to a deduction of £1 for every £250 of savings in excess of £6000.
However, you cannot make a new claim for Housing Benefit, the only route back to these payments is via a claim for Universal Credit. You would retain your ESA(CB) but it would be deducted £ for £ from the UC.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: NorthernHeights, Gary
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