ESA Deprivation of capital -Terminally Ill

sue999

Been on esa for 2 years due to ill health end stage copd-now terminal- hospice gave me end of life sheet to work through- sorting will, bank accounts and funeral etc.

Recently had help looking at various policies were they fit for purpose etc. Rang Lloyds who agreed over phone one was mis sold and refunding approx £3.5k over next 3-5 days. Good news or so you would think??.

Rang DWP told them of expected windfall. Told them i was going to spend the money to pay for my funeral up front- co-op want 3.7k for gold plan. Dont have to worry about sorting funeral if i choose this route. Cant get buried from estate after death as house has negative equity and what capital is realised wont cover my funeral.

DWP manager says it sounds ok re not being Deprivation of my own capital, then checks with dept downstairs to be sure. She rings back and says i can not spend the windfall on burying myself as DWP have told her it is a breach and deprivation of my own capital to avoid DWP paying circa £15 per week less ESA.

I told her it was a necessary expense and an important thing to do, tidy up loose ends before death.

DWP refuse to accept even with receipt from coop funeral for correct amount.

I accept if some one won 100k in a lottery if they blew it on a ferrari whilst on esa that would be clear deprivation of capital in order to maintain their esa, but surely as im dying, i cant work, i am terminally ill, i have the right to pay for my own funeral from a small unexpected windfall?

I told her politely i was shocked and saddened by DWP decision. She said my GP could send in the D1500 and they would look at it again, but the answer is currently no.

I intend to pay for my funeral regardless of the consequence. It should be a human basic right when terminal to pay for your burial whilst you can, surely?

I am anxious and worried i mite get arrested for breaking their rules. I have enough to worry about without the additional anxiety DWP have just thrown my way.

I am on oxygen 24/7, additional anxiety exacerbates my situation.

I am at my wits end. I served my queen and country for 9 years, successfully ran a business until my health meant i had to retire, i have employed people and put back into society.

I am made to feel a leper and a sponger which i am not.

I accept the deprivation of Capital rule must apply for serious sums of money and certain situations where people do spend large windfalls on non essentials.

Surely spending a small windfall on my own burial is a human right.

I need advice and opinion as to what happens next? once i cash the cheque then pay for my burial with credit card and send proof of both to DWP do they come around and arrest me? charge me with what? the lady said i would be seen as breaking the rules.

Does that mean they will also suspend my esa and dla?

this is worrying me.

I have written to a journalist who is going to contact the DWP next week but in the meantime i cant get my head around how paying for your funeral is depriving DWP of MY OWN Capital?

Does anyone have a list as to what is considered an appropriate purchase when terminally ill and what is not?

Maybe DWP will hope i die before they have to confront the situation and waste tax payers money dealing with me?

Does anyone have a link as to how i can appeal their decision? makes sense not to cash the cheque but if i do then the gov have to bury me anyway as i have negative equity in my house and wont have sufficient capital for a funeral after i am dead.

thanks for listening
sue

[Deleted User]

how much capital do you have before the 3.5k?

sue999

about 5k- as far as dwp told me- the first 6k is not counted-then for every £250 above £6k they take £1 per week off my esa or £4 per £1000 above 6k.

ive tried to keep the capital for as long as i can-it started much higher-i live in a small bungalow and my heating/gas n elec on dual fuel is £175 per month plus the oxygen machine burns about £40 per month- also have leaking roof with damp coming in where 02 machine is. will get builders/insurers to make a repair in summer but my policy wants £1000? excess.

Have a small car that last year had advisory on brake pads and discs-and other parts- im barely driving now other than to hospital and hospice appointments when im strong enough. realise i mite get a £1000 bill this summer with work needed on car so trying to keep whats left for issues around house etc and in an emergency.

have boiler issues even tho expensive boiler fitted 7 years ago.

looking at funeral planning-i will still need to find more money to council for plot? also headstone etc which will eat into remaining capital.

asked navy benevolent fund for help last year-they came around and offered to get builders in-with the bill paid by a charge on the house, paid back after death. that was pointless due to negative equity.?

unable to physically cut hedge or mow lawn so get ripped by tradesman who do a 20 minute lawn for £20-£50- hedge costs £50 plus each time to trim. neighbours moan gardens untidy.

i did try to mow lawn a couple of times with 02 in garden but collapsed and ended up in er. all very frustrating.

McKneff

Sue, you are terminally ill, do exactly what you want with your money, stick 2 fingers up to the whole bloody lot of them.....


They cant sack you......


~This makes me so angry when there are so many fxxking scroungers out to get as much as they can from the public purse.....


Are you getting PIP (DLA as was)

Torry_Quine

That's terrible and makes no sense at all. Elderly people are encouraged to buy their funeral as it reduces the amount they have when assessed for care home fees but doesn't count as deprivation of assets!!

For the gardening problem have you contacted your local council? Here the elderly and disabled can have grass and hedges cut for an annual amount which is no where close to privat fees

kingfisherblue

What an incredibly sad post. I agree, you should be able to pay for your own funeral if you have the money, without it being deprivation of capital. Apart from giving you the send off that you want, it helps those left behind as you are clear in your wishes and are not expecting others to pay for anything.


I have no idea what to advise. I'm sure that you don't need the additional stress that this brings. I just wanted to say that I think it is a dreadful situation to deny you the chance to pay for something essential, even though it is something for the future.

FBaby

Write and complain. When I think what some people who play the system get away with in terms of pretending what they 'need', it is absolutely absurb that your need should be considered deprivation of assets.

What has this country come down to when a full family holiday is considered an acceptable need, but having a proper funeral isn't. I will hold on to the thought that this outcome is just down to an advisor who didn't know what she was talking about.

Murphybear

So sorry to read your post.

I agree the DWP are being very harsh about this. I can only guess that paying for a funeral is not considered "necessary" before you die.

If they dig their heels in then you should spend your capital in making your life as comfortable as possible. I note you live in South Devon. I live in mid Devon and have found a few gardeners who charge £10/15 per hour, so it may be worth having a look around.

Best wishes
Xxx
Murphybear

TELLIT01

Given the described situation I would suggest contacting your local MP. The decision does sound harsh.

sue999

Thank You for your kind words and support.

It never occured to me re Council fixed payment for mowing my lawn.

I shall enquire with them next week.

I live in Torbay and have noticed workers mowing grass next to the main road on occasions. I would happily pay a fair price if the council could help me out.

They have been very good re my bin collections and tor 2 walk down to the front of house where bins are and drag them up the drive to bin lorry and bring them back to the wall beside the front door.

you can register as disabled with council/refuse collectors and they put cards in lorry as to which houses need help with bins. The service is pretty good, although on occasion squashing the 2 recycle boxes inside each other is a bit silly when you cant bend down and prize them apart.

Adrian Saunders is my MP and i am thinking of making contact on the DWP matter with him next week.

I am also waiting to hear how the chap with DNS disability news service gets on with DWP as he has kindly offered to deal with DWP direct.

I am not vindictive towards DWP- the lady manager who telephoned me back was polite and professional. She stated she was very surprised at the other departments ruling - cant recall the dept concerned but it was definitely to do with capital decisions so was the correct one.

I may get no joy but i would like the DWP to correct this unfair regulation if only to clarify with the public that paying a set funeral cost is allowable under the Capital Deprivation Rules?

If i can help others that are terminally ill avoid the distress this causes then thats a good thing-

I also have a wonderful Social worker from my Local Hospice at hand - i shall ask her on Monday to write to DWP on my behalf also.

So grateful for all your support and suggestions.

pmlindyloo

If you are not already in the support group of ESA then you need to get the form D1500 to them as this form fast tracks you to the Support group.

Also a copy of the form should be sent to DLA as this will also fast track you to the highest group of DLA.

I cannot find anything about prepaid funerals being disregarded as capital in the Decision Maker's Guide but interestingly it is shown as disregarded in the AgeUK link here

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS81_Calculating_income-related_Employment_and_Support_Allowance_fcs.pdf?dtrk=true

I also wonder if the girl who spoke to the other department gave them the full picture.

I think you need to formally write and explain everything fully (as you did in your first post)

Since you have been told that it is not disregarded then if you go ahead and do it your ESA will be reduced. Hopefully this can be avoided with intervention.