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Not put in the contribution esa support group years ago

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2 weeks 5 days ago #298104 by Danielle
I worked and contributed to NI for 10 years from 1998-2010 when I had to leave employment due to refractory epilepsy. I was not aware but I was put in the income related esa group. Then later put in the income-related esa support group I was then given a back date of £14,000 because I should have been in the support group before. I am now being investigated for my housing benefit which involves them looking at my bank details. I did not know their was limit of money I could have in my account because I thought I was in the contributions-based esa group. I have too much savings especially since they gave me the back date of money. I am so scared that I will be done for benefits fraud. My epilepsy affects my memory because I have brain damage where memory is stored. What is your advice? I contacted my MP who said they would write a letter. At the same time I am being moved on to universal credit. I have had to delay this.

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2 weeks 5 days ago #298134 by David
Hi Danielle,

The £14k would be disregarded for the length of the concurrent ESA award and also for a continuing UC award without any breaks.
Capital to be disregarded --- www.legislation.gov.uk/uksi/2008/794/schedule/9/made
Parliament Capital Disregards --- data.parliament.uk/DepositedPapers/Files...disregards_v11.0.pdf

Hope this helps,
David

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2 weeks 5 days ago #298135 by Danielle
Hi David,
Yes that does help but I accumulated more money over the years and this would not be a problem if I was initially put in the contributions group which I think I should have been. Have you heard of this happening and the government admitting their mistake so all of my money is protected?
Many thanks
Danielle

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2 weeks 5 days ago #298137 by David
Hi Danielle,

If you have excess personal savings in addition to the £14k backpayment have you thought about not claiming a means tested Benefit such as UC and just continuing to receive Contributions based ESA ?

David

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2 weeks 5 days ago #298139 by Danielle
Hi David,

The problem is I cannot contribute to receive contributions based ESA because they put me on income relate support group ESA from the beginning. Which they should not have because I had been working for 10 years previously. Does this make sense?
In addition, how do I claim a means test benefit from UC? I have received a migration letter; is that the same? I haven't done it yet because of the investigation - I am so confused :(
Thanks
Danielle

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2 weeks 4 days ago #298154 by David
Hi Danielle,

I would phone the ESA section and ask what you originally claimed in 2010 and why your Contributions based ESA was stopped.
When you applied in 2010 you would automatically have been considered for Conts based ESA. You don't have to claim it separately as it is part of the form ESA1.
Are you sure you have always been in the Support Group? If at anytime you had been in the WRAG then your claim may have changed.

David

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