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Esa Advice Please


Laura Cooke
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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

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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

We could do with some help from you.

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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.

We could do with some help from you.

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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.

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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.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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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.

We could do with some help from you.

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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

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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 ?

We could do with some help from you.

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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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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