Savings and ESA

bobs123

He’d read that change in circumstances is classed as managed migration instead of natural migration and lose his transitional protection. But I’m going to have to check that for him because he really doesn’t understand things 

poppy123456

bobs123 said:

He’d read that change in circumstances is classed as managed migration instead of natural migration and lose his transitional protection. But I’m going to have to check that for him because he really doesn’t understand things 

That's simply not correct. Managed migration is when you receive a letter inviting you to apply within 3 months of the date of the letter. Those that are claiming Income Related ESA will not be invited to apply until at least 2028. (unless claiming tax credits, which he isn't)

For natural migration, this when a change of circustances prompts a move across, which this won't because it's not a change of circumstances that will prompt a move. See link. https://www.entitledto.co.uk/help/changes-that-trigger-universal-credit

However, having said that unless his ESA includes the Severe disability premium then he will be better off claiming UC. As he's in the Support Group for ESA then he'll be entitled to the LCWRA element of UC from the start of his claim. LCWRA for UC pays more than ESA Support Group (Providing you don't have SDP included in the claim)

If SDP isn't included in the claim then when managed migration does take place for him, there will be no transitional protection included because he'll be better off claiming UC. This is the very reason they are holding off those claiming ESA from managed migration until at least 2028 because it will save the Government millions of pounds.

bobs123

Oh he hasn’t mentioned any of that. Maybe he doesn’t know. Digesting any information is difficult for him. So he would be better off on uc? On uc are the requirements the same. As in right now he doesn’t have to do any work related activities as he’s in the support group? Not that he will want to go on to more money. Is there any way that someone can manage this for him because his finances aren’t at the forefront of his mind, which is why he’s in this dilemma now. 

bobs123

It’s not the severe disability income guarantee, it’s just the disability income guarantee that he gets 

poppy123456

The disability income guarantee is what’s known as Enhanced Disability Premium, this is different to the Severe Disability Premium. 

If he claims UC he’ll be entitled to the LCWRA element from the start of his claim and he will not have any work related requirements, the same as Support Group. 

If he’s unable to manage his money then you should maybe speak to his parents and they will hopefully be able to help him with his finances. 

bobs123

Thank you, if I have anymore questions am I able to ask. You have been so helpful 

bobs123

Hi, me again. Before we report this today, would you mind recapping on the post and making sure it won’t end in prosecution, it’s for my friend as he is really struggling with this. What happens if he just spends the money? 

Thanks again 

OverlyAnxious

bobs123 said:

Hi, me again. Before we report this today, would you mind recapping on the post and making sure it won’t end in prosecution, it’s for my friend as he is really struggling with this. What happens if he just spends the money? 

Thanks again 

It won't end in prosecution.

If he just spends the money today, he will still be liable for the previous overpayment.  Plus they may have grounds to believe todays spend was an intentional overspend to deprive of capital rather than a normal payment.  I would not recommend going down that route personally.

bobs123

Thank you, it’s the prosecution part that really worries him because it’s over a long period but he really didn’t know it was a change of circumstances and not spending all your benefits with the timescale it’s paid for was a thing. How do they actually work out how you’ve been overpaid, week to week 

poppy123456

bobs123 said:

 How do they actually work out how you’ve been overpaid, week to week 

They will need bank statements for this. No one here can specifically tell you what overpayment he will have. The longer he leaves reporting it the worse the situation will be become and they will eventually find out because they usually do. For this reason it's always best to report it yourself and tell them everything.

bobs123

Ok, thanks. 

Do they only require bank statements? What about statements that he might not have? 

poppy123456

They will no doubt ask for bank statements, most likely as far back as when his savings went above £6,000. I've answered all your questions in dept and there's nothing else to advise you with because i'm not a decision maker and i don't work for DWP.

Your friend will need to report the changes and a decision maker will make a decision on whether there's any overpayment. They will also tell him what exactly he'll need to send them.

bobs123

Ok. Thank you very much for your help 

OverlyAnxious

bobs123 said:

What about statements that he might not have? 

The bank can provide past statements for many years. 

If he has access to internet banking there will be statements available to print on there as well.

bobs123

Ok thank you 

Annieanxious

I realise this thread is a year old but it is very similar to my own situation I would love it hear the outcome please @bobs123

poppy123456

Annieanxious said:

I realise this thread is a year old but it is very similar to my own situation I would love it hear the outcome please @bobs123

The member hasn't been active since April last year so you may not get a response. 

Annieanxious

poppy123456 said:

Annieanxious said:

I realise this thread is a year old but it is very similar to my own situation I would love it hear the outcome please @bobs123

The member hasn't been active since April last year so you may not get a response.

Thanks I know I am just hoping they might have email notifications turned on. There are so many threads on here without outcomes. If people updated it would be so helpful.

I am fully intending to post my eventual outcome on my thread in hope it can help someone else at some point.

Annieanxious

Sorry something went wrong there ^

Annieanxious

poppy123456 said:

Annieanxious said:

I realise this thread is a year old but it is very similar to my own situation I would love it hear the outcome please @bobs123

The member hasn't been active since April last year so you may not get a response. 

Thanks I know I am just hoping they might have email notifications turned on. There are so many threads on here without outcomes. If people updated it would be so helpful.

I am fully intending to post my eventual outcome on my thread in hope it can help someone else at some point.