Hi, my name is tran72! Does this letter mean I will continue to receive CB ESA?

tran72

does this letter mean I was awarded CB ESA back in 2013 and I was put in support group does that mean I would continue receive CB ESA? Thanks

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Kimmy87

Unfortunately ESA letters are generally really difficult to understand!

I actually think you've been awarded IR ESA in that letter, due to the last paragraph.

I'd really like to hear what others think though.

tran72

but I far as I can remember I’ve. It had to declare any saving or other incomes

Kimmy87

The only way to know for sure is to call ESA and ask whether your award is IR, CB or both.

tran72

the reason I’m asking this is that I forgot to inform the dwp of rental income I’ve been getting from renting my house out to my friend and his wife on the condition I live there in one the rooms for period of 1 year in order for me to pay my mortgage which I’ve been struggling pay ever since all the rates increases I went from paying £450 to £1100 per month which put me in arrears as the money I get each month from esa is no where near enough cover my mortgage

I have had to borrow money from family and friends to make mortgage payments and have enough to live on and got to stage where I couldn’t borrow any more money and couldn’t pay any the monies which I borrowed so this arrangement help me to do this

I received a letter from the dwp 8 months after my tenants sent the dwp a tenancy agreement when they applied for some benefit themselves the dwp are asking me to verify that I have tenants living with me

I have responded to the dwp with the information they and I informed the dwp the arrangement was for 1 year period when the tenancy runs out and I be living there alone again by May 2025

As I thought I was on CB ESA and rental Income not classed as income but now I’m worried the I am on IR esa which takes into account rental income

The dwp have suspended my esa and I am waiting on a reply from them I’m worried now I have to pay back thousands

I’m also wanted to know if the dwp will end my esa claim as my rental income is more then what I get from dwp each month or what is the normal process for this situation?

tran72

tran72

And thank you any advice you can give

tran72

also if I have to pay back any over payments will dwp take mortgage payments into acccount?

tran72

I genuinely forgot to inform the dwp as even sent them the tenancy agreement so they would have known with all my financial worries and my struggle everyday living with my disability I just forgot until they wrote to me

I am worried now that my claim may end and will struggle to live and pay my mortgage by the end of April when the tenants move out as I will have no money coming in

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/990089#Comment_990089

Although it was a genuine mistake, you will still have to repay any overpayments if it turns out it was IR based ESA. DWP don't cover mortgage payments and they won't be taken into consideration for the calculations.

Sadly I also can't tell from your letter whether it was partly income based or not.

For IR ESA, if you lived in the property and had a lodger, ESA would disregard the first £20 per week of rent, and then deduct the rest from your ESA payment £1 for £1. So for example, if your tenants are paying £250 a week, then all of your ESA would have been overpaid as that's £230 above the disregard, and you only get around £85 a week at todays ESA rates.

However, if you let the property and are a lodger in it yourself, I'm not sure whether the rules change at all in that situation. If you didn't live there then the property value would be considered as an asset above £16,000 and you would not be entitled to any income based ESA.

Do you mind if I ask which other benefits you currently receive, if any?

tran72

yes I am living there and I receive esa and pip my I received a total of 1550 a month once you take off the mortgage payments I was left with around 450 after paying all my out going I was left with about £100 month for food if I was lucky

So if the case was I wasn’t able to receive esa any longer I may have no choice but to sell my home and if I did that I then would not be eligible for it esa as the proceed from the sell would exceed the £16k so I’m left between a rock and a hard place and not being able to work because of my stroke which has left me disabled and I can be quite forgetful I did mention this to the dwp in my response

I read that if the dwp deem it as a genuine mistake they may not pursue over payments if I receive esa I’m really hoping that’s the case or I hoping I am on CB esa

So I await there response with anxiety and if it comes to the worse I have no idea where to turn or what to do

tran72

This is the only most recant letter I can find from dwp so I’m not sure if you can tell which esa I’m on also I I’m sure I have been receiving p60 in regards to my esa

Thank you

tran72

if I was getting IR esa would I still get p60?

tran72

And from the payment letter I posted for you can you tell what the dwp will deem as part of the overpayment do you think it be everything on that letter?

Kimmy87

From the letter & you getting a P60 that means you are on CB ESA with an IR top up.

P60 = CB ESA

"Extra money because of the Disability Income Guarantee" = IR ESA.

Most of your ESA is CB, with the disability premium being IR. So only the IR ESA amount is potentially repayable.

tran72

Oh thank you I hope that’s the case and Thank you so much for your help Kiimmy I really appreciate you responding to me with your wealth of knowledge I’m hoping that I am on CB but will have to wait and see and it’s been over 3 weeks since I sent my response and have heard nothing back as yet what is roughly the normal response time for this situation?

Kimmy87

Unfortunately the answer to that one is, how long is a piece of string. It's not something we can answer here even roughly.

Two people in the same situation might have different response times, due to their case going to a different worker who has a different workload to their colleague, and so on.

tran72

ok thank you if it turns out to be worse case would you be potentially able to help me with what I can do next? but here hoping it not worse case

And I will let you know what the outcome is when dwp have sent response

Kimmy87

I'm not a trained benefits advisor, just an amateur and for complex issues I would always advise getting help from someone trained.

Scope can help, or a local welfare rights organisation.

https://www.scope.org.uk/helpline

https://advicelocal.uk/welfare-benefits