ESA/ loss of income

pope

I currently get new style esa I'm in the support group. I am going to get personal injury compensation which I understand will not affect my ESA. 

But I am also going to get past and future loss of income will this affect my ESA?

Thank you

marcia_

pope said:

I currently get new style esa I'm in the support group. I am going to get personal injury compensation which I understand will not affect my ESA. 

But I am also going to get past and future loss of income will this affect my ESA?

Thank you

 If due as a personal injury claim the whole amount is not taken into account for 12 months. I am waiting on CICA and was told thid by my solicitor who will be setting up a personal injury trust. 

pope

marcia_ said:

pope said:

I currently get new style esa I'm in the support group. I am going to get personal injury compensation which I understand will not affect my ESA. 

But I am also going to get past and future loss of income will this affect my ESA?

Thank you

 If due as a personal injury claim the whole amount is not taken into account for 12 months. I am waiting on CICA and was told thid by my solicitor who will be setting up a personal injury trust. 

But isn't the 12 months rule apply to UC ? I don't claim UC it's just contribution based ESA.

KxMx

The 12 month disregard only applies to income related benefits.
New Style ESA is a Contributions based benefit. 
Generally the only thing that might affect NS ESA is a pension income. 

HillStreetBlues

Have you been issued with a CRU101? Your ESA should be taken into account as the DWP will want to reclaim the money from the PI award if related.

KxMx

The ESA would only be recoverable if OP claimed as a result of the personal injury. 

pope

HillStreetBlues said:

Have you been issued with a CRU101? Your ESA should be taken into account as the DWP will want to reclaim the money from the PI award if related.

Yes I have been told by my solicitor that because I started receiving ESA as a result of the personal injury I will have to pay all the money received back to DWP as I am claiming  past oss of earnings and can't be paid twice which is understandable.

But it's the future loss of earnings which I am going to get about 3 years of my income when I was employed. I don't understand how this will work will Dwp stop my ESA?

bazdvd

If you get compo to cover the next 3 years of earnings you wont get ESA on top.

pope

bazdvd said:

If you get compo to cover the next 3 years of earnings you wont get ESA on top.

So when compensation claim settles and I get 3 years future loss of income. My ESA will immediately stop but for how long? Currently on ESA get £140 something a month. 

My future loss of earnings for 3 years would be £45000

HillStreetBlues

pope said:

bazdvd said:

If you get compo to cover the next 3 years of earnings you wont get ESA on top.

So when compensation claim settles and I get 3 years future loss of income. My ESA will immediately stop but for how long? Currently on ESA get £140 something a month. 

My future loss of earnings for 3 years would be £45kk 000

You can't get compensation/payment twice.
I'm not sure how it works with future payments, but all you are entitled too is £15k per year for the next 3 year. It would either be the £45k and no ESA payment for 3 years. or £45k minus 3 years worth of ESA, and payment of ESA continues.

pope

HillStreetBlues said:

pope said:

bazdvd said:

If you get compo to cover the next 3 years of earnings you wont get ESA on top.

So when compensation claim settles and I get 3 years future loss of income. My ESA will immediately stop but for how long? Currently on ESA get £140 something a month. 

My future loss of earnings for 3 years would be £45kk 000

You can't get compensation/payment twice.
I'm not sure how it works with future payments, but all you are entitled too is £15k per year for the next 3 year. It would either be the £45k and no ESA payment for 3 years. or £45k minus 3 years worth of ESA, and payment of ESA continues.

So will I have a choice from DWP what I want to with my ESA as you have mentioned. As I really don't want to stop my ESA for 3 years DWP might not start it again after 3 years?

I'd actually prefer £45k minus 3 years ESA. 

£45k minus 3 years ESA 21840 which leaves me with £23160

If I go down this route and my ESA is stopped for what ever reason within 3 years what will happen then?

Thanks