Help please!

[Desperate Daniella]

Hi TQ,

 

I'm sorry you were awake and worrying in the middle of the night. I hope you are sleeping in this morning.

 

Not talking about the benefits issue at all, anyone is entitled to give away £3,000 tax free in any year, and £6,000 in the first year. I'll see if I can find something about being allowed to do that before it affects benefits, because I really don't know. Can you remember where you read that? I'm always reading useful things and then finding I can't find them again when I do a search. I never write them down and then kick myself when I can't find the website again.

 

Just budget as you have always done, and of course you'll have to pay your CT and rent yourself now, but you should still be getting the things you desperately need to make your home comfortable to live in. As you've said, you were living with a friend so it's obvious you are going to need some furniture for your new home and floor coverings are not a luxury either.

 

When you drop to £16,000 you can start to claim again.

 

It's great that your car means you can get out to see your friends. Try to do that as often as you can. While you are at the social groups and talking you won't be able to think about this. We can only hold one thought in our minds at any time!!!

 

Dealing with change is very difficult, but if you just take one step at a time you will get through this tough time.

 

You are still suffering from the loss of your dad, so try and be kind to yourself.

 

DDxx

[tartan_queen]

I have with the help of my CPN put in a claim for ESA and HB again. I posted on the 17/10 and on the 25/10 received a letter to say I owed the DWP £380 this included a penalty for not telling them in time before they had paid my last benefit payment. I am still waiting to see what happens regarding my claim.

 

I spent £7,000 on my car (inc breakdown cover and 3 years servicing and my cooker £500 before they said I should not spend any money until they had investigated if my dad had been overpaid benefits, he had not. I then transferred the money into an account in my name. I set up DD's for rent and council tax and transferred my fortnightly benefits into my current account. I paid to have my Bungalow professionally decorated £1,170. I then purchased New floor coverings for my 2 bed Bungalow £1,400 and approx £200 on washable rugs due to incontinence issues. I purchased a high sofa and chair and footstool appropriate to my disability £780. I purchased a new washing machine £300. I also purchased a new microwave with easier buttons for my disability. I spent approx £1,000 on travel to and from my dads funeral and B&B. I also spent a further £500 approx taking my dads ashes to the place of his birth (300 miles away) so I stayed overnight with one of my sons. I purchased curtains for 5 rooms because the ones I had where all from car boots and not very appropriate so £250 approx. I purchased disability related products inc mattress topper and back massager, splints etc approx £500, There are a few other things but no more major purchases. I have receipts for everything.

 

The only worry I have is that my youngest son who I gave the £3,000 to help towards his debts initially, has put immense pressure on me throughout the last months for more and more money for his debts. I imagine here and there I have probably now given him another £3,000 and while I did not want to I felt so bad saying no and reasoned that I will just pay the consequences of doing this. Sadly, when I did say 'no more now' he fell out with me and that has hurt me very much. I saw a side to my son I never wanted to see and it all started when the inheritance came.

 

I am now down to my last £3k because I added in the 6K I gave my sons initially so adding a further 3k I gave my youngest son I was scared to claim when I went below 16K and just let it go. My CPN realised what was happening and encouraged me to reclaim from the date I should have and stated the reason for the late claim was a combination of my mental health issues and confusion with some of the payments that maybe should have been made from the executor estate, Such as dads rent of £1,800 and the clearing and cleaning of dads old home which I had paid out. It is all a mess and I am still so afraid I have over spent and I do not mind if I have to pay back for what I gave my youngest son, he did get in a state about it all and I could not refuse. Although I did have to when I knew he was managing and yet still wanted more. Money is not nice really is it? it can cause much heartache? and it makes people become not nice people.

 

My CPN as advised me to just take it a day at a time and let the DWP ask me for what documents they need in the way of bank statements, receipts etc. So that is what I am doing. I have a box with all bank statements for the last 12 months and all bank papers to do with dad. I have all probate papers etc and I have kept all the letters from my MP who gave some 'pointers' to what I could buy without it being seen as DOC. This is the MP who spent over a £1,000 approx on one set of bedding out of expenses for his second home. I spent £114 on three sets. So i followed his advice on what could be purchased with the inheritance but I did not follow his costings...lol. Worlds apart. I bought medium price items in order to attempt to 'future proof' them I will not be able to replace the large items ever again, unless I win the lottery!

 

I thought I would write this so that those of you who have the expertise could look through and see if you can see any major problems. I do realise there may be, with my son's extra £3K, maybe £4k not accounted for due to me spending on Engagement for one son and B/days and Christmas for both. I also bought myself some £80 wide fitting boots and some clothes for which I kept receipts but sure they will say I should have bought these out of benefits money I was paying myself. I have never owned a pair of £80 boots before but due to swelling of feet through disability I was having to go out in my slippers and getting very wet!

 

Thanks for reading any feedback welcome.

 

Take care x

[tartan_queen]

Just to add the clothes I bought were due to my weight going from 11 to over 16 stone a combination of meds (although I find this hard to believe but have been told it affects the metabolism) I do 'comfort' eat sometimes, so that is my fault, and not being able to exercise due to disability. I do go to aqua aerobics when I can. I have bought charity shop where I can but needed to buy a few key items like Coat, Dress, underwear that I could not get there. I also bought some second-hand wood furniture to the tune of approx £100 which I needed but the prices new where in the region of £300 each item and for 2 items that was too much. I needed them for storage. I did not change the very old and cheap drawers in my bedroom or the blinds or anything like that. I did purchase a new TV the one I had was one of my sons old ones and I had to keep getting up to switch it on and off at the mains because it kept freezing the picture. I spent £300 on the TV but it does have built in Freeview. My TV is important because I am often housebound when I have flare-ups. I think I have remembered everything now but will add if I remember more. If you want to ask me any questions please do. I guess I am panicking now the need to reapply for benefits is here. I have feared it for so long and now I am in it.

 

Take care x

[tartan_queen]

Bump!

[thegingerone]

the 3k to each child may be looked at, most of the other items seem reasonable....

[tartan_queen]

I thought I was allowed to keep £6,000 so that is what I gave my sons. My youngest son then asked for more and that is what I was worried about do I also need to be worried about the £6,000 that I was told I could have without it effecting my benefits? I am so confused now. I know there is probably a few thousand I do not have receipts for but if I am also penalised for giving my sons the £6,000 I was allowed to keep in savings I guess I am in deep trouble! How much will they stop out of my benefits? anyone got any idea please. Thank you

[thegingerone]

You are not in in trouble,

you are correct, you can have 6k without it effecting your benefit.

you say you have 3k left.

looking at the things you have listed as spent, things look ok, , but a SDM could look at this and decide

you have given your sons 3k each, then, they may ask why?

if they think it was reasonable to give them this money then fine, they will then say you have 3k capital on your claim so no effect to your ESA

 

but if they think, why did you give your sons this money? and then make a decision, maybe you shouldn't have give it to them for whatever reason, then may they make the decision in effect you still have it.

this means they can assume it, thus making your capital 9k, £6 assumed £3k real.

I am not saying they will but it is a possibility.

 

Did you owe your sons money? if you did and then paid them back, and they can vouch for this, eg a written statement then this may end in a different outcome

Edited October 31, 2013 by thegingerone

[tartan_queen]

I understand now thank you. I do not mind them saying I have £9K because I do have in effect although £6K went to my sons. No, I did not owe my sons any money and both needed money at that time and I could not, not help I am their mum and could do no other. It was just my youngest had bad debt problems and so I gave him more and I do expect to have to 'pay' for that. If I have this right if the DWP say I have had £5K not accounted for and so say I still have it I would lose £20 per week benefits. I do not mind so long as my rent is paid and I have enough to cover utilities and a little food. I was on £362.00 per fortnight on Support group ESA. So they would need to take quite a large amount for me not to be able to pay my way.

 

I did not want this money at all because due to my mental problems I fear change and with the money everything changed. I have also through my M Illness been homeless in the past so to me the terror of being responsible for paying rent etc was a real terror in case I had an episode and something went wrong. I wanted the DWP to just take all the inheritance and leave things the way they had been. I could not give it all to charity. I, of course, could not give it all to my sons so I have had to deal with it and I have done my best, although it is a mess.

 

I was and remain angry that it will all come down to the decision of a individual decision maker and the way they apply the 'rules'. I have read such disparities in what items and the costs of items that have been allowed that it is so confusing that it must cause anyone stress not just me with a M Illness. I read of one woman who spent £11,000 on a car out of £35K and that was OK and of another woman who was expected to show receipts for her daughters lunch expenses at College.

 

I sent the ESA application on 17th Oct and all I have had back is notification that I owe them £300+ for a overpayment in May. So I am still waiting to hear if I can receive ESA I was also in the support group and I am unsure if I will automatically go back into the support group or not. It was for 12 months and I do not know if this time is up. My CPN is looking in my folder to find out what date support group was given from. Must ring her tomorrow, will be one less worry maybe!

 

I know I sound quite wimpy about it all but guess that is due to the experiences I have had in the past with my illness and I worry what may trigger an episode. I really cannot go back there again. I cannot take it all over again so for my peace of mind I need the DWP to make a decision as soon as and let me know. I hope it is not too much longer.

 

I really appreciate your replies. I feel so alone with all this. My CPN tries her best but has no experience of inheritance on benefits or DOC she just keeps telling me not to worry, what will be, will be and of course I know that. I just deal better if I have some idea what it may be that I have to deal with.

 

Thank you

[thegingerone]

They can not get the OP back in one go, when your ESA is awarded they will probably take a small amount each week out from it, but debt at Glasgow will write to you about this before they take out repayment.

I dont know if you will go back in the support group there are linking rule but they are complex. There is a 104 week linking rule.

[**Margaret**]

:tartan_queen:

 

Unfortunately, I think you've just missed the cut off for a linked claim, which is twelve weeks from the end of a previous claim. (The one hundred and four weeks link was abolished last year.) However Jobcentreplus may consider backdating your claim for up to three months if your doctor's prepared to write a backdated Med 3 (unfit) note and your psychiatric nurse confirms your mental state as the reason for a late claim. If your claims are linked, subject to the overpayment and deductions for deprivation of capital, Jobcentreplus will pay employment n support with the support component from the first day you reclaim. If your claims aren't linked, you'll be back to assessment rate.

 

Please, please, stop giving yourself a hard time trying to justify your spending. Except for the money to your sons, and who's to say how any of us would react given the same set of circumstances, most of it appears reasonable anyway.

 

If I've read your finances correctly Jobcentreplus may calculate your rate of employment n support as if you've still got £12,000 capital. (£3,000 + £9,000 given to your sons.) Assumed notional income from the extra £6,000 (over and above the £6,000 before income related benefits are affected) would mean £24 per week deducted from your employment n support.

 

Margaret.

Edited November 2, 2013 by **Margaret**

[tartan_queen]

Thank you both so much for you replies. I was feeling terrified until I got your replies. I was form getting the money very worried and others were saying 'I'd be real happy if I had that money' but, no because 1. I had lost my very much loved dad who could make me giggle with his one-liners like no-one else and who I loved talking to more than anyone else in the whole world and 2. Because of some of my past experiences with Mental health issues (Bipolar) I had, had in the past 'spending sprees' and bought all manner of things I did not even need. So was so afraid the grief would trigger an episode. Thankfully that did not happen and apart from what I gave my sons I think I did not too bad.

 

I am still waiting to hear from the DWP although it is only approx 16 days since I sent form. My CPN is here on Wednesday and if she feels it is appropriate I will ask her to ring and see if we can find out what is happening. My worry is the £3,000 I have left is not going to last long and I am still having to pay full rent and council tax a out of it + my benefits. I do get DLA but will not be able to manage on just that. I have put in for HB and Ctax but have not heard from them either and I can not pay my rent it is due again at the end of Nov.

 

Thank so much for taking the time to reply it really does mean so much.

 

Thank you x

[tartan_queen]

Sorry I started a new thread and should have just added to this one. So in order to not get too confused will just post on this one from now on about the inheritance.

 

 

It is now over 2 months since I sent in a re-claim for ESA and I am still waiting for the DM to make a decision. My HB was reinstated but now is suspended pending a visit from a HB officer!

 

Anyone who does not have a will should make one because if your beneficiary/beneficiaries is on means tested benefits, it can all become a nightmare. I cannot believe the way it's made me feel. I have the things I needed and yet it all feels so very wrong. I look at my little car that I bought and wonder will I have to sell that to survive now? I need to pay rent that is my main priority. My rent is £360 approx 4 weekly and I am approx £200 in credit, but that will soon change and in the meantime it is my security that is threatened. I was told it would be the beginning 30/01/14 that I should get a decision, but my belief in their 'systems' is zero!