Credit only ESA claim/Notification rights about claim changes

GregoryH
GregoryH Posts: 41 Forumite
First Anniversary Combo Breaker
edited 12 December 2019 at 12:50AM in Benefits & tax credits
To cut a long story short. I was claiming ESA Support Component. Got an inheritance over 16k. ESA claim kept live for 3 years on 'contribution only' basis due to the change in my capital. Capital got below 6k. Was informed I would be receiving ESA WRAG because my 3 year term with the Support Component had finished whilst my capital was still over 6k. I was never informed of the change of benefit award when I went from Support Component to WRAG. Do I have a legal right to have been informed of the change of my claim when I went from the Support Component to WRAG?

Any advice would be appreciated.

Comments

  • GregoryH
    GregoryH Posts: 41 Forumite
    First Anniversary Combo Breaker
    edited 12 December 2019 at 1:26AM
    I ask because I successfully proved that my health had deteriorated and had them overturn the decision to award me the WRAG component from when my capital was 6k or less but it took 5 months for them to give me back the Support Component and backdate it. During that time I couldn't claim my housing costs because I wasn't in receipt of UC. Now I have claimed UC they refuse to backdate my claim to the date my capital was 6k or less even with the overturned decision.

    I just want my housing costs back.
  • poppy12345
    poppy12345 Posts: 17,932 Forumite
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    UC can only be backdated 1 month and this is in extreme circumstances.



    Why did you wait 5 months to claim UC?


    Why did you also wait until your savings went below £6,000? You can claim means tested benefits when savings are under £16,000 but you'll receive £1 less for every £250 over £6,000.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 12 December 2019 at 8:23AM
    poppy12345 wrote: »
    Why did you also wait until your savings went below £6,000? You can claim means tested benefits when savings are under £16,000 but you'll receive £1 less for every £250 over £6,000.

    Which does mean if only income based bit missing was the enhanced disability premium it would be cancelled out if OP had just over £10,000 savings. However, I agree, OP could have asked for income based ESA assessment at the point where savings dropped to that level.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • poppy12345
    poppy12345 Posts: 17,932 Forumite
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    edited 12 December 2019 at 8:36AM
    calcotti wrote: »
    Which does mean if only income based bit missing was the enhanced disability premium it would be cancelled out if OP had just over £10,000 savings.
    That doesn't make sense. The OP was in the Support Group when their savings were above the maximum amount. Had they contacted DWP when savings dropped below £16,000 then they would have been entitled to something.


    There's also no maximum time in the Support Group because it's an ongoing award.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    poppy12345 wrote: »
    That doesn't make sense. The OP was in the Support Group when their savings were above the maximum amount. Had they contacted DWP when savings dropped below £16,000 then they would have been entitled to something.
    My logic was that if the only income based extra is the enhanced disability premium which is £16.80 then savings of just over £10,000 would cancel this out because there would a deduction of £17 due to 'excess' savings.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • GregoryH
    GregoryH Posts: 41 Forumite
    First Anniversary Combo Breaker
    edited 12 December 2019 at 8:39PM
    Thanks for trying to help me.

    1. I couldn't claim UC while my ESA claim was under review because my ESA claim would have been closed and that review on the grounds that my health had deteriorated would have stopped. I decided that as I still had a little money left I could wait until that decision was made either way before claiming UC. I just didn't anticipate it taking 5 months or so.

    2. I didn't declare my capital when it got to below 16k because it is not nice being in the benefit system with a long term disability. Especially if you have an autistic spectrum disorder like I have and cannot be around people on anything more than a casual basis. The WRAG sessions that I had attended previously were crazy stressful for me and I now take 2 strong medications to stop me from having a heart attack or a stroke as well. I wanted to be away from the benefit system as much as possible so I waited as long as I reasonably could.

    3. When my award of 3 years of the Support Component ended while I was on that 'credits only' claim, I would normally have had to attend a WCA/ DWP medical if my claim was a normal one. There would have been some regulation/decision made that removes that requirement on a 'credits only claim' I guess.
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