Esa Advice Please

[Laura Cooke]

My nephew was on Esa in the support group I declared he was to receive an inheritance from his parents once he reached 21 in December 2015, hence his benefit stopped due to it being over £16,000.

 

The savings as now dropped to £10,000 which is in an ISA held by my daughter when would he be able to go back on Esa? and would it be a fresh claim? and has the Severe Disablement Premium stopped?

 

He does receive a pension each month belonging to his parents of £503.75 a month he also receives DLA HRC/LRM

[unclebulgaria67]

To ensure your nephew gets the right advice and support, best to go to people who deal with such issues, rather than forums. I should imagine that given nephews history, pension etc, that there would have to be a referral by those dealing with ESA in DWP to someone to decide on exact process. They might want many documents to be sent to them, as it is not straightforward.

 

Here is a link that might help.

 

https://www.disabilityrightsuk.org/employment-and-support-allowance-overview

[Bazooka Boo]

Anything above £6000 will affect any payments. (Savings)

[Laura Cooke]

Thank you I know anything over £6,000 means deductions just unsure who can give accurate advice always had it off CAG

[Bazooka Boo]

Is there any disability advice groups near you? Or a D.I.A.L, (Disability Information Advice Line)??

[Laura Cooke]

Yes we have a Dial about 7 miles away I think will look it up

[unclebulgaria67]

Thank you I know anything over £6,000 means deductions just unsure who can give accurate advice always had it off CAG

 

Laura, because in the UK there is a roll out of Universal Credit, it depends on the postcode for your Nephew, as to how his claim is dealt with. If you visit gov.uk or entitled to, you should be able to find out which process will need to be followed.

 

Given the complex position, a lot of information will need to be covered off and i think you are expecting a bit much of CAG to explain every aspect. Hence why, your nephew or his appointed advocate needs to obtain accurate advice from an official source. Otherwise the risk is that the wrong process is explained or not everything is covered.

[Laura Cooke]

So sorry if it came across that I want too much from CAG I can assure you that is not the case just wanted accurate advice/information and have always got it off CAG, I speak to so many different organisations none sing from the same hymn sheet I am quite unsure where to access correct information. DWP never tell you the same thing twice whenever you contact them.

UC rolls out fully in November 2018 however for single Job Seekers they are being put on UC I am my nephews appointee and Guardian as he is autistic, I have just realised we have a Law Centre close to where I live they might deal with benefits so I will give them a call.

[Bazooka Boo]

No it doesn't come across as that at all.

 

Ofcourse the DWP won't tell you the same thing twice, they don't even know what day of the week it is, least of all give credible advice, they're the very last people you need to be taking advice from.

 

From experience, D.I.A.L are excellent, and would be my first port of call.

[Laura Cooke]

Thanks will contact dial yes DWP are incredibly incompetent they are causing so much misery to vulnerable people who are already stressed

[unclebulgaria67]

Laura

 

This link is probably relevant to you.

 

https://www.gov.uk/guidance/new-style-employment-and-support-allowance

 

If you are the appointed guardian for your nephew, you would need to phone the freephone to register the new claim and run through all of the information. This would include full details of the parents pension your Nephew is receiving, which would be earnings taken into account.

 

Due to the length of time since the work capability assessment, your Nephew might well be required to go through the Work Capability Assessment. They won't just refer back to the previous claim and any assessment your nephew had before.

 

Get the claim registered, but do check using the postcode what area your newphew lives in first e.g live service area for New Style ESA or a UC full service area.

 

I am sure DIAL will help you if you are unsure. As you have mentioned, given your situation as guardian for your nephew, I want to ensure you are supported in dealing with this, hence advice given. CAG can be helpful, but as you have realised, when you are dealing with complex benefit issues with the DWP, you really need the professional help of those that help the disabled navigate the benefits system.

[Laura Cooke]

Thanks for the advice, info going to ring Dial not had chance today will report back about what I learn it is so frustrating nephew had only had his Esa a few months before had to give it up and he was dealt with by paper assessment he did not have a face to face

[unclebulgaria67]

Thanks for the advice, info going to ring Dial not had chance today will report back about what I learn it is so frustrating nephew had only had his Esa a few months before had to give it up and he was dealt with by paper assessment he did not have a face to face

 

Depends on what the condition is I think, as to whether a face to face WCA is required.

 

Has your nephew paid any National Insurance Contributions during the 2014-15 and 2015-16 tax years ? I don't know whether dependents pay NI on a parents pension ? I presume not ? You will be asked.

 

What is the postcode ?

[Laura Cooke]

My nephew is autistic he will never work he as received his parents pension for life instead of it ending at 21 if he was in education, training or working. He is fully dependent on others. He pays no tax or insurance on anything

[unclebulgaria67]

Run through this linked benefit calculator and that should inform you how to proceed.

 

https://benefits-calculator.turn2us.org.uk/AboutYou?utm_source=BAdviser&utm_medium=referral&utm_campaign=GovUK