OMG How did I get it so wrong. So scared now.

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Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Sending anything to DWP recorded delivery doesn’t mean it arrives any quicker. It will be signed for by someone from Royal Mail sorting office, not someone from DWP. It’s not treated as arriving until it’s been added to the system and this can take up to a couple of weeks.

    Deprivation of capital, there’s not really any definition. Replacing old furniture is fine. Sending money to your daughter a couple of times a year should be fine. The same for buying a car for £6,000. I can’t see any of those being deprivation of capital either because you still have more than £6,000 in savings. Although only a decision maker can make that decision. 

    What could cause problems if at anytime your savings were above £16,000 because this would mean entitlement to all means tested benefits would have ended. 
  • Annieanxious
    Annieanxious Online Community Member Posts: 62 Contributor
    Thank you that is somewhat reassuring. I am driving myself mad by over researching but I can't stop. 

    Also I am so annoyed with myself for bringing all this unnecessary trouble to my door. I hope they will appreciate that I have gone to them and told them.
  • Annieanxious
    Annieanxious Online Community Member Posts: 62 Contributor
    Are cost of living payments counted as savings or not?
  • OverlyAnxious
    OverlyAnxious Online Community Member Posts: 4,489 Championing
    Annieanxious said:
    Are cost of living payments counted as savings or not?
    No.  They are currently disregarded indefinitely.
  • Annieanxious
    Annieanxious Online Community Member Posts: 62 Contributor
    OverlyAnxious said:
    Annieanxious said:
    Are cost of living payments counted as savings or not?
    No.  They are currently disregarded indefinitely.
    So in theory you could have £16,000 plus your cost of living payments and still be eligible for benefits?
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Yes but you still need to report all of your savings and then a decision maker will disregard the CoL payments. 
  • Annieanxious
    Annieanxious Online Community Member Posts: 62 Contributor
    I have a new concern about this issue. When I bought my car my dad paid some towards it. He didn't give me the money but paid the car dealer direct.
    Will this potentially be counted as my capital?

  • Annieanxious
    Annieanxious Online Community Member Posts: 62 Contributor
    The more knowledge I am getting about all the rules the worse my anxiety is. This time a month ago I was oblivious, feel like I am going to be hung drawn and quartered for mistakes :(
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Your car is not treated as capital. As he didn't actually give you the money then that will be fine. My advice is to stop reading things on the internet because you'll only make it worse for yourself. Naturally you only read the bad stories.

    The worst that will happen is you'll need to repay it back and you'll have a small £50 fine for not reporting the changes. The good thing is that you reported it, rather than them find out and it's always better this way. 
  • Annieanxious
    Annieanxious Online Community Member Posts: 62 Contributor
    Thank you Poppy you are so right but I just can't stop. I have literally done it all day today. My blood pressure is through the roof!

    Sorry I do have another worry now. If they don't suspend my payments I might go over £16,000 while they investigate.  I am now scared to buy anything except food for fear of it being deprivation of capital

    Can I ask for it to be suspended? I don't feel well enough to go all through applying for whatever it is we have to apply for now, UC I guess, I would much rather keep my current claim.

    I am so grateful for your help.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    You're welcome. If you do go over £16,000 then entitlement to all means tested benefits will end. If any part of your ESA is contributions based then this will continue. Remember though that your benefit payments are not treated as savings until the end of the period they are paid for so please don't be scared to buy what you want or even need. 

    What I am very surprised about is they haven't suspended your benefits. Did you send bank statements to your local Authority as well for housing benefit and council tax reduction?

    You can certainly ring them to ask if there's any updates and to ask if your ESA will be suspended. 
  • Annieanxious
    Annieanxious Online Community Member Posts: 62 Contributor
    So far all they have done is reduce my payments but the bank statements only got sent in at the end of last week.

    HB just said let them know when ESA has reassessed me.

    It is like they aren't hearing me when I say I have been over payed for 7 years.
  • Annieanxious
    Annieanxious Online Community Member Posts: 62 Contributor
    With regards to the HB I did go on the entitledto website and put in my savings as they are now and my benefit amount  was the same as I get now.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Annieanxious said:
    So far all they have done is reduce my payments but the bank statements only got sent in at the end of last week.


    How much are your weekly payments now? You didn't mention they had been reduced before. 
  • Annieanxious
    Annieanxious Online Community Member Posts: 62 Contributor
    I only got the letter yesterday £197.45. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    That tells me that all of your ESA is Income Related. It's good they've now reduced it, it means that your overpayment won't increase, providing your savings don't increase further. 

    I don't think there's any need to ask them to suspend it completely. You just need to wait for them to calculate the overpayment. The deduction in ESA is £1/week for every £250 or part thereof over £6,000, so £4/week per £1000.

    As long as you didn't go over £16,000 at any point then that will be a good thing. 

    Once you know how much you owe you can either pay it back as a lump sum using your current savings, if you want it out of the way or they will reduce your ESA further to repay it back. 

    Same applies to Housing benefit and CTR, they will reduce both to repay back what is owed. 

    Sorry I can't really offer any further advice other than you just need to wait for them to contact you to tell you how much you owe them. 
  • Annieanxious
    Annieanxious Online Community Member Posts: 62 Contributor
    Thank you. If I get the chance and have enough savings I will pay it all in one go. 

    Will there definitely be CT and HB to pay back? As I say on Entitledto it appeared not when I did the benefit checker. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    As you've had more than £6,000 then yes they will be. For CTR some local Authorities have a maximum savings limit of £6,000 before entitlement stops. 
  • Annieanxious
    Annieanxious Online Community Member Posts: 62 Contributor
    My washing machine has broken today will I be ok if I buy a new one while they investigate my savings?

    I just feel so guilty now about any spending.


    Am I able to talk to a decision maker at DWP instead of a call handler?

    Sorry driving myself crazy here.


  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Yes, you can buy a washing machine. Regarding the decision maker, I would leave for a little while if I were you because you've only recently sent your bank statements.

    It will take sometime to go through them because it's several years isn't it? If it is then this isn't going to be sorted over night. 

    They've reduced your payments now so at least you won't accumulate any further overpayment. 

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