Hi, my name is crag! I need advice on deprivation of capital after inheritance.

crag
crag Online Community Member Posts: 1 Listener
edited October 2022 in Benefits and income
Hi. I've been on pip & esa for few years now higher rate & lower mobillity. Worked also at times in 90s 2000s Not always on benefits, but on & off since 18yrs old, now 50yrs. I have my payments secured now for 3yrs. (Thank god) 
Unfortunately a long legal fight (5yrs) with my sibling against scumbag solicitors who stole our inheritance estate has ended . They took half.
It was intended to live in.
Not sell.
I am now to receive 32,000
& I am past myself in stress. 
Apparently I can get my support back after 28days if falls below 16000.? 
I plan to get a  reliable car for 5-6k
So my eldest son( who work elsewhere also part time)who cares for me can do so easier rather than taxis. I am separated from there mother & live away witch makes things harder.

First family holiday ever abroad.
5-6k

1.2k passing my sons(carer) driving test

1.6k living expenses for month

Home improvement including white goods about 2.1k

Youngest son needs clothes etc
1k
Most of my expenditure is car for my futures care.
 Of course the holiday.
This takes me to under 16.000

So please can you tell me if that is considered deprivation of my capital by dwp.
I think I'm income based but sure was on incapacity benefits b4.
If I have to live off this fully it will last 2yrs hopefully but I will struggle to get back on after 2yrs.  I'm scared of being homeless in two yrs & on streets.  I'm just classed as single old bloke. They don't really care.
Please help.

Thanks .
C

Comments

  • calcotti
    calcotti Online Community Member Posts: 10,005 Championing
    edited October 2022
    woodbine said:
    If your ESA is cont.based it won't be affected neither will PIP, however if your ESA is income based then capital over £16k will mean it becomes cont. based and reduces.
    That’s misleading. Income based ESA cannot become contribution based. ESA is either entirely contribution based, entirely income based or a mixed award of some contribution based and some income based ESA. Mixed would describe this as an income based award.

    An entirely income based award would be lost entirely if capital exceeds £16,000. In the case of a mixed award the income based part would be lost and the claim would revert to contribution based only.

    However, the main question is, as you suggest, what type of ESA is currently received. If the ESA was a transfer from IB I would expect it to be a mixed award.

    OP, as regards deprivation of capital it falls to a Decision Maker to determine that. There are no definite answers - however to be deprivation of capital they have to decide that one of the reasons for spending the capital was to increase benefit entitlement.
  • calcotti
    calcotti Online Community Member Posts: 10,005 Championing
    woodbine said:
    Sorry my post was badly worded it wasn't intended to in any way be misleading. Apologies to OP and thanks to calcotti for the correction.
    I did think you knew the situation and it was just a question of how it was phrased.
  • poppy123456
    poppy123456 Online Community Member Posts: 63,193 Championing
    I think the first thing you need to do is ring ESA and ask them if part of your ESA is contributions based. Although you said you were claiming IB before the ESA, you also said this..
    crag said:
    Not always on benefits, but on & off since 18yrs old, now 50yrs. I have my payments secured now for 3yrs. (Thank god) 

    To me, that doesn't confirm you transferred from IB to ESA.

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