Backdated ESA and residential care

beachdune

Hi everyone

My first posting here and very much hope you can help.

Our son lives in residential care. He has recently been awarded backdated ESA as many others. This, unfortunately, will put him over the upper capital limit.

Despite searching and enquiring in many places, I can't seem to find the answer to my specific question - or if I do, one answer conflicts with another! 

Here's my question:

can the local authority take this money for his fees? In any way or form?

I've taken advice from the CAB and looked at several Gov documents regarding this. Some state that if the backdated sum is due to 'official error' then it will be 'disregarded for the length of the award'. Many advice sites say the same.

However, the CAB and the local authority page seem to suggest that it will be treated as income and so he will have to pay until it drops to the lower level.

Can anyone help or had experience of this? He can't be the only one affected in this way? I'm beginning  to wish I'd never claimed it for him even though it would make a difference to his life...

Many thanks

Ami2301

Hi @beachdune welcome to the community!

I am unsure therefore I cannot advise. However, our community is full of knowledgeable members and I'm sure they will be more than happy to get in touch with you soon to advise.

If there is anything else that we can help you with then please do let us know

steve51

Hi @beachdune

Welcome to our online community/family.

We have got some info on esa here on our Community.

https://search.scope.org.uk/s/redirect?collection=scope-meta&url=https%3A%2F%2Fwww.scope.org.uk%2Fsupport%2Fdisabled-people%2Fbenefits%2Fesa&index_url=https%3A%2F%2Fwww.scope.org.uk%2Fsupport%2Fdisabled-people%2Fbenefits%2Fesa&auth=v06jdjhJPug%2BjwqXi7IYeg&profile=_default&rank=1&query=Esa

Please please let me know if there’s anything that I can help you with????

beachdune

Many thanks for your replies folks. Looking into this deeply!