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ESA capital and ILF

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10 years 2 months ago #130733 by Edi
Replied by Edi on topic ESA capital and ILF
That's a good idea. We will do that. The LA has not audited the account at all since we started getting a direct payment 2 years ago. We were told we would have to give them back any surplus(the cost per hour of the agency was 32pence an hour less than we received from the LA) and so we religiously kept this amount back. Then when we asked the LA when we should give them it back they told us just to keep it. Now the LA is so strapped for cash that the local social work offices are closed, the social workers hot desk, and no one has an allocated social worker unless there is a crisis! ILF audited us 18 months ago and we sent money back to them ( we had a surplus because the previous care agency had let us down badly and had no carers on a regular basis so I had to step in and provide care on a regular basis till we swapped agencies.) then we were forced to take a direct payment as the new agency wasn't on the list of authorised providers.

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10 years 2 months ago - 10 years 2 months ago #130735 by Gordon
Replied by Gordon on topic ESA capital and ILF
Edi

If the ILF have previously audited your son and requested any unspent money back then get in touch with and ask them to do it again. Having ostensibly exceeded the £16,000 limit he will have to account carefully for any expenditure that then takes him below that limit, an invoice from the ILF would be one unimpeachable way of reducing his capital.

You also might want to have a look at your son's living expenses, if he has accrued over £16,000 in what appears to be a relatively short time, it would suggest that he is not spending much on housing, food and utilities, if he became entitled to ESA, then he could easily be back in this position very quickly and there could also be issues of overpayment of the ESA if his money is not properly managed. See

Asset rule for ESA(IR)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 2 months ago by Gordon.

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10 years 2 months ago #130737 by Edi
Replied by Edi on topic ESA capital and ILF
The capital comprises solely the direct payment, ILF and his own dla Contribution. His other bank account for living expenses runs down pretty quickly and we his parents have to help him out with some cash!
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