comments on this please

[concerned for my brother]

Being claiming Esa

Recieved some Capital from a out of court settlement

Informed DWP

By the time they got back to me the Capital was Zero

Bank Statements show all in comings and goings to a online gambling Site

Complience Officers Visit House and Ask for Bank Statements. Full Statements given showing capital entering and zero balance and where the money had gone to

Esa Stopped without warning

was told to fax my bank statements to Esa

When rung them back after was told - they dont accept outside faxes

went to job centre and they scanned and send bank statements

Esa decesion maker stops claim due to capital

as a family we now live on Child Tax Credit

Housing Benefit Stopped

Council Tax Benefit Stopped

4 months on and still waiting a result from appeal / re look into it

housing association told me to claim again ( if i did this will i then have to pay all the back dated council tax and housing benefit )

i had capital for 3 weeks and can proove i dont have capital so the decision is wrong

No Crisis Loans, No tempory benefit just pure struggle for me and my partner and 3 kids

Mp now involved and CAB

anyone else experience this or has any clue what we can do

I can not claim job seekers as im unfit for work

do i just wait and suffer until hopefully a right decision is made.

not sure how long i can hold it together for. this all happened in april

[tomtom256]

Looks like they believe you have deprived yourself of the capital in order to claim benefits.

 

How much capital did you receive and blow in the 3 week period in question?

[tomtom256]

So what about the capital issue you raise in the other thread?

 

Two different stories, which one is correct?

[concerned for my brother]

2 different cases, 2 different people, 2 different threads

[concerned for my brother]

£36k on gambling . with evidence of bank statements showing it went to online gambling sites. My life was full of stress. we have mother in law in intensive care for 28 days dying, i was being treated for suspected bowel cancer. i already had lost my job to my Anxiety and Panic Attacks and PTSD i had also started new medication. so i hid my self. very sad but very true

[concerned for my brother]

Looks like they believe you have deprived yourself of the capital in order to claim benefits.

 

How much capital did you receive and blow in the 3 week period in question?

 

Hi Tom, yes i think your right the only reason they have given me so far is " due to capital " and not " deprived capital"

 

i will update as the story unfolds, I have a DWP Complaints manager looking at it as the MP and CAB and they all come to same conclusion as me.

 

There is no capital

 

There was capital, i informed DWP of the Capital , I spent the Capital. So the money during the 3 week period needs to be paid back and my claim re started from when i was under the capital threshhold.

 

My post here was just to see if anyone else experienced such a thing.

 

I have done everything right. DWP admitt there is no fraud and say the only reason my claim is stopped is because i have capital. My bank statements show that i have no capital and excatly where the funds went and show the incoming / out going of the capital.

 

Cheers

Edited August 7, 2013 by concerned for my brother

[swinginapig]

You state you lost your Job, so presuming you was on Contibution Based ESA, no amount of capital interfers with this sort of claim, if you was claiming Income Based ESA I think I am right in saying you are only allowed to have capital of £16000 or less, a deduction out of your ESA will be made for every £1000 over £6000.

[estellyn]

There is something called 'deprivation of capital' and what this means is that if they feel that you spent the money in order to continue claiming benefits, then they can treat you as if you still have the money.

 

Deprivation of capital requires intent. Do you have a gambling problem?

[concerned for my brother]

You state you lost your Job, so presuming you was on Contibution Based ESA, no amount of capital interfers with this sort of claim, if you was claiming Income Based ESA I think I am right in saying you are only allowed to have capital of £16000 or less, a deduction out of your ESA will be made for every £1000 over £6000.

 

i started on income based and now on another ? or the other way round but i went from one that i could only claim for a year to another ..

[concerned for my brother]

There is something called 'deprivation of capital' and what this means is that if they feel that you spent the money in order to continue claiming benefits, then they can treat you as if you still have the money.

 

Deprivation of capital requires intent. Do you have a gambling problem?

 

well spending £30k in 3 weeks could be a problem, but i havent gambled since but feel sick daily

[id6052]

when you were spending the £36k, how were you planning to pay your living expenses, rent or council tax?

 

did you pay any rent or council tax yourself whilst you had the £36k?

[concerned for my brother]

when you were spending the £36k, how were you planning to pay your living expenses, rent or council tax?

 

did you pay any rent or council tax yourself whilst you had the £36k?

 

when i was gambling the £36k, i was high on medication , on the verge of a break down , nursing my dying mother in intensive care, hiding away from the stress the real world gives. theres something around called mental health. you should try it sometime. its great and self inflicted and it allows people that have no clue judge you thanks for your input its helped so much . all my problems are solved.

[concerned for my brother]

just incase your not aware gambling is a addiction a addiction compared to drug addiction or a mental health illness all funny enough dont make you think in a rational way plus the fact that when some people think they have a termial illness lose the will to care about anything... is this a good enough answer for the judge ? because its the only one i have. oh forgot to mention before my illness become i was awarded citizen of the year, recieved awards from the houses of parliment, volunteered for the past 20 years. been a school governor, a youth worker , worked with disabled kids. so i hope this helps to get a clear back ground that i have worked and paid into the system for 25 years without claiming a penny.

[Nystagmite]

There's no need to be so rude. I read idd's question as a genuine question and not a dig at you.

[concerned for my brother]

Actually ive read through other peoples questions asking for advise and all i see is people judging them and adding no value to the authors question. I dont mind people passsing judgement or asking questions with value in advising people towards answering the question. i hope you have all heard of Karma

[concerned for my brother]

There's no need to be so rude. I read idd's question as a genuine question and not a dig at you.

 

Excellent now she knows i look forward to the postive follow up question or now a reply to my original question. Im glad i finally found someone that has had experience of this that can pass the information that i require. brilliant. sorry Idd i thought you was just making a judgement with no positive reply from experience.. fire away

[Nystagmite]

eh?

 

I was going to offer some advice. Won't bother now.

[concerned for my brother]

eh?

 

I was going to offer some advice. Won't bother now.

 

 

If you was going to give advise you would have given it. move on drama queen:mad2:

[ims21]

If you was going to give advise you would have given it. move on drama queen:mad2:

 

I think you may find that more people would be willing to help if you refrain from being abusive to others.

 

Let's try again shall we?

[antone]

The reason Estellyn asked the question, I think, is that if a person suffers from a gambling addiction then it may be possible to argue that usual deprivation of capital rules should not apply, since no intent to qualify for means tested benefits would have existed. In other words, the money was not spent because you wanted a nice holiday or a shiny new car, but because of what amounts to a medical problem.

 

And I'm not judging you at all - I've had my own issues with gambling in the past. But please, please, calm down. You really need to dial it back.

[swinginapig]

i started on income based and now on another ? or the other way round but i went from one that i could only claim for a year to another ..

By the sounds of it you was on Contribution Based Esa, if you was placed into the Wrag Group this will have been limited to 365 days, you then claimed Income Based???? is this correct??? did your inheritence come to you after you had claimed Income Based Esa?????

[jabba jones]

when you were spending the £36k, how were you planning to pay your living expenses, rent or council tax?

did you pay any rent or council tax yourself whilst you had the £36k?

 

when i was gambling the £36k, i was high on medication , on the verge of a break down , nursing my dying mother in intensive care, hiding away from the stress the real world gives. theres something around called mental health. you should try it sometime. its great and self inflicted and it allows people that have no clue judge you thanks for your input its helped so much . all my problems are solved.

 

id6052 is one of the few people on here with a real background of dealing with Housing & Council Tax Benefit decisions, overpayments & suspensions.

They were asking you a genuine question in order that they could give you some valid advice.

 

Good luck with that now!

[id6052]

concerned for my brother

 

Income related ESA, HB & CTB are all means tested benefits.

 

They are intended to provide assistance to those who do not have sufficient income and capital to meet their living costs.

 

If you have capital in excess of £16,000, you are ineligible for income related ESA, HB & CTB as you are considered to have sufficient capital to meet your living costs.

 

If you then dispose of significant capital (and £36k in 3 weeks is very substantial), you may be deemed to still possess the actual or notional capital.

 

If you cannot satisfy the DWP/LA of where the money has gone, you may be treated as possessing any unaccounted for capital

 

If you can satisfy the DWP/LA of where the money has gone, you may be treated as possessing notional capital if the DWP/LA consider that one of the reasons for disposing of the capital was to secure/increase DWP/LA benefit entitlement - when considering notional capital the DWP/LA will normally consider what your plans/intentions were at the time you were disposing of the capital - that was the reason for my questions which are relevant to the issue/situation affecting your household

 

I am sorry that you thought my questions were judging you, as that was not the intent, it was simply to gain a better understanding of situation.

 

As to your comments about mental health and trying it sometime, a lot of the contributors on this site have extensive experience of mental health issues (both personally and professionally), I would suggest not being so quick to judge or attack those trying to offer assistance.

 

I hope you manage to get the advice you seek from somebody else and that you can sort out your current difficulties.