Migration from Incap ben to ESA

If you have been receiving certain social security benefits because of an accident in which you sustained a personal injury, you may have to pay these back out of any compensation you get.

The rules about deduction from benefits are complex, and if you think you may be affected you should seek specialist advice from an experienced adviser, for example, a Citizens Advice Bureau.

Yes they have been paid back to DWP but what is left is the rediue after the paid back benefits, this has dragged on for seven years now. I am talking about the lump sum payment I am now due

Hi micksville,

The capital rules for contribution based ESA are virtually the same as for incapacity benefit, so it si still possible to qualify for CB ESA if you have capital.

Steve

Hi What ever benefit you get if you are getting a personal injury compensation payment ask your solicitor to put the remainder of your award into a personal injury trust, that way you can still get your benefits no matter what they are. It costs around £700/800 to set up but you can have full access to your money and still claim even if you get social security disability top ups, however you can not use your compensation to pay for day to day items your benefit would normally cover, and you must keep records of what you have spent, so if you wanted a big screen TV no body could stop you getting one. Speak to your solicitor, he/she should have spoken to you about this knowing you are on benefits. I hope this helps.