A little help would be so greatly appreciated (ESA)

lilpenguini

Personal info was included.

poppy12345

It sounds like he's claiming Income Related ESA if they are asking about his savings/capital. Is there any reason why he's not claiming Contribution Based? This isn't means tested but claiming it depends on National Insurance contributions in the last 2 tax years before his claim.

As it is Income Related then he could be classed as still having the money and his ESA payments will stop and he'll have to repay what he's already been paid.

lilpenguini

He is claiming contributions based but I have no idea how that came to be? So far he has only ever received the assessment rate around £73 a week. Can you help me understand the difference between the two?
He has no money at all and told them so at the start of his claim but mentioned the money that had been received and then lost.

marliepanda

If your brother is autistic with MH problems, with your Mum as his carer and who you know is a pathological gambler, sorry but why has no one taken over his finances already?

poppy12345

lilpenguini wrote: »

He is claiming contributions based but I have no idea how that came to be? So far he has only ever received the assessment rate around £73 a week. Can you help me understand the difference between the two?

Contribution based isn't means tested and household income or savings/capital are counted. It's based on National Insurance contributions in the previous 2 tax years.

Income related is means tested and capital/savings and household income affect the amount you can claim.

If he was claiming CB then they wouldn't be contacting him about the £16000 but they would if he's claiming Income related. Sounds like he's claiming Income related, not CB.

lilpenguini

Just looked at his letter which confirms he is on contributions based.... says about his past NI contributions record and that he can only get this until December 2018 (365 days).

lilpenguini

Isn't it because if he had 16,000+ he wouldn't get anything? WHich he had for a very small window of time and I guess they want to make sure it wasn't disposed of to be hidden? Bank statements clearly show it was lost on gambling online.
Either way have checked and its 100% contributions level he is getting.

marliepanda

lilpenguini wrote: »

Isn't it because if he had 16,000+ he wouldn't get anything? WHich he had for a very small window of time and I guess they want to make sure it wasn't disposed of to be hidden? Bank statements clearly show it was lost on gambling online.
Either way have checked and its 100% contributions level he is getting.

Only for income based.

If it IS income based, you cant just gamble away money and expect to get benefits.

Alice_Holt

Contribution-Based ESA, is not means tested. Is he in the Support Group?
If not why are the DWP requesting this info?
CB - ESA is not affected by savings.
This is very odd

He may be getting a small income related top-up (£15 pw enhanced disability premium), and the DWP may decide he has deliberately deprived himself of capital and assume notional capital:
http://safeadvice.org.uk/main/notcap.php
His argument then would be he did not deliberately deprive himself of capital to obtain / retain a benefit.

Medical evidence of his MH state and gambling addiction would be helpful.
I would suggest if the DWP seek repayment of overpaid ESA he appeals that decision and seeks help from his local CAB.
However £15 a week may not be too burdensome to repay, but he may need someone to oversee his finances.

He certainty does not want to close his CB - ESA claim.

lilpenguini

Its contribution based I have checked all his documents just now.

lilpenguini

we have medical evidence from his GP about his gambling addiction, autism and impact on his decision making etc. but i dont understand at all now, since he is on CB not IB.