ESA stopped ... help///

sanick

Hello

I am a 32 year old man, Basically to a strong anxiety disorder I have been out of work for about 10 years and on initially incapacity benefit which then changed to ESA.

I had lived at home with my father and 3 sisters but unfortunately he passed away 5 years ago leaving the home to me and my sisters. Now when i lived there this was never an issue with regards to my ESA claim. But this year I moved in with my partner into her rented accomodation as we were having a baby who has now been born.

When i moved in with her we notified the DWP of our change in circumstances, my ESA was frozen, her housing benefit was frozen. And now after almost 3 months of waiting for the 'decision maker' I have been told that I dont qualify for any benefit because im seen as having capital as I own 1/4 of my fathers house. I don't know what to do, my partner is only on basic MAT pay from work, has lost her housing benefit, i now have no money coming in, and with a anxiety disorder and a 10 year gap on my CV its not like i can easily go out and find a job even though i want one now to support my new baby and partner.

I can't understand their decision, I own 1/4 of the house but my 3 sisters live there and have no intention of moving currently so its not like i have access to any of the finance. I also cant understand why she said on the phone that i wouldnt even be able to recieve JSA due to my 'capital' i know people who own their house outright who are on JSA!

Can anyone help please, sorry if the message seems incoherent but I am highly stressed

tomtontom

The property (your share of) is classed as capital because you don't live there. Have you asked your siblings about buying you out?

rogerblack

There are a couple of issues here.

Nobody who owns their house outright and does not live in it will receive ESA/JSA (income based).

Only the house where you live is completely ignored as an asset.

Firstly.
What is the rough value of the house?
If they have simply done 'market value/4 = >16000' - then they are not doing it right.
If the market price is under 64K - then the decision is clearly wrong.
Are any of your sisters disabled?
Otherwise - the question is 'what would be the value of the property in its current condition'.
That is - with you trying to force the sale in court against the three other owners, or selling your share to someone else to do so.

The second issue is are you claiming conts ESA or income-related.
If you're on income related, your partners maternity pay will reduce or eliminate your entitlement to ESA.

In principle, you could also try to claim personal independance payment.

sanick

They would be in no position to, all being in relatively low paid work. So is there no point in trying to appeal this as I had planned to make a appointment with the Citizens Advice Bureau?

sanick

I was on income based ESA.

The house was valued at £425,000 , on the phone she said to me my capital was seen as above £90,000.

None of my sisters are disabled.

pmlindyloo

It is wise to go to CAB and get some help as you should be able to appeal this.

They have to value your share of the property taking into account a number of different factors.

Read this

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/446177/dmgch52.pdf

52637 to 52653 (particularly 52642 on how they should value the property when it is jointly owned)

wiltsguy_2

so your share of the house is valued at £106,250. They have seen this as an asset as you do not live there.

If you did sell to your sisters you still would not be entitled either as you would have a large sum.

Can you rent a room out in the house for income?

rogerblack

sanick wrote: »

They would be in no position to, all being in relatively low paid work. So is there no point in trying to appeal this as I had planned to make a appointment with the Citizens Advice Bureau?

Sorry I was unclear.
The value of 425*90% / 4 is flat wrong - if the sellers are unwilling, and their guidance accepts this, they need to get a valuation done reflecting all the circumstances.

This would include all sale costs - with the sisters actively obstructing the sale, legal costs to grant possession - chances of the court even doing so (which as I understand it is not certain), costs of any credit or other arrangements to get legal help to get possession, cost of insurance against those legal costs being incurred if the house does not sell, ...

You can appeal on this basis.

Housing_Benefit_Officer

pmlindyloo wrote: »

It is wise to go to CAB and get some help as you should be able to appeal this.

They have to value your share of the property taking into account a number of different factors.

Read this

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/446177/dmgch52.pdf

52637 to 52653 (particularly 52642 on how they should value the property when it is jointly owned)

Even if they correctly value the jointly owned property using all the details in the regs at the end of the day he will still be seen to have capital that will disqualify him from any means tested benefits.

sanick

Renting a room out is a possible option though not sure how my sisters would feel about this...

I think I will appeal this, this is not a strong point of mine as due to my anxiety I do not like confrontation but hopefully the CAB can help though im not sure what they can do?

wiltsguy_2

sanick wrote: »

Renting a room out is a possible option though not sure how my sisters would feel about this...

I think I will appeal this, this is not a strong point of mine as due to my anxiety I do not like confrontation but hopefully the CAB can help though im not sure what they can do?

yeah i see, to be honest i don't blame them. But could they rent 'your room' so to speak, out to a friend of theirs that they know/trust etc?