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Thread: IR ESA Annual Savings Audit.

  1. #1
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    IR ESA Annual Savings Audit.

    Hi,
    I have recently had my annual savings review for IR-ESA, I sent my bank statements in as I always do, I also sent in the account details that holds my lump sum I was paid in 2018 due to under payment of ESA when I should of been on IR-ESA.

    Today I have received a letter saying that my IR-ESA has been stopped as my savings are over the £16,000, my personal savings are just over £6000, but with the lump sum I received in 2018 this pushes the savings over the £16,000 threshold. Every year that I send in all my savings details I point out the account that has the lump sum in it. I paid it in to 1 separate account as I was advised on here to do, I have not had to draw anything off that account, the only way it has increased is through interest.

    Can some one tell me have the rules now changed on savings and DWP lump sum payments and they are now counted as capitol?


    This is very worrying as it is the knock on effect on Prescriptions, Housing Benefit etc.

    Thank you Andrew...

  2. #2
    Senior Member nukecad's Avatar
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    Hi Andrew,

    That sounds like just an error in their calculations and they haven't disregarded the IB-ESA backpayment like they should.

    Annoying but it should be fairly simple to put it right.

    Phone them on Monday and ask for a reconsideration of the decision to stop your ESA, pointing out again that £X,XXX was backpayment for their IB-ESA Official Error and as Official Error is disregarded as savings/capital for the lifetime of your benefit claim so should have not been included in their calculations.

    One thing you should note is that it's only the original lump sum that is disregarded, any interest accrued on it is counted as savings/capital in the normal way.

    From your post back in 2018:
    Quote Originally Posted by Hogmonster View Post
    In the ESA letter it did say that that I won't be penalised by them for the amount of money owed / paid and the amount will be disregarded against my current claim
    Did you keep a copy of that letter? If so you can send them a copy of that if needed.
    (Don't send the original, it's valuable to you for precisely this reason).

    It's great that you did put it into a seperate account. - Because you can now also point out that you have kept it in a seperate account so that it can be easily identified as the disregarded backpayment.

    If you are feeling daring you could also point out that if it wasn't a 'lifetime' disregard then they would have stopped your ESA a couple of years ago, 52 weeks after you got the backpayment.

    PS. You'll probably find that they have already told your council that your ESA has been stopped, thus buggering up your HB as well which will be suspended. That's done by computer so happens pretty quickly.
    It may be as well to phone the council to let them know that it's simply a DWP calculation error that hasn't taken account of the disregard and that you are challenging it to get it sorted out.

    Hopefully it won't take long to get it corrected, and with luck you probably won't even miss an ESA payment.

    (I had similar some years ago when my ESA was stopped because I had supposedly been doing Permitted Work for over 52 weeks - I'd only done 2 days Permitted Work a year before. I got that quickly corrected and didn't miss any ESA, but it did take a month and a half to get my HB back in payment and backpaid).
    Last edited by nukecad; 10-07-21 at 14:53.
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    Hi Nukecad,
    first of all after reading your message it was like a great weight had been lifted off my shoulders thank you thank you, life is stressful enough with out anymore being given to us!

    I thought I was in the right but it is great that you can confirm that for me, I wondered if the rules had changed to suit themselves'.

    It may well of been yourself that advised me to put the underpayment in a new account, I realise that only the original figure will be counted and any interest will be added to my capital, interests rates are so low it hasn't made a great difference.

    I have dug out the original letter I quote " We will not add the payment for the above amount to any capital or savings you have already told us about until your claim ends. It then says if I start a new claim that money will be counted. Like most of us I keep EVERYTHING from them!

    I will give them a ring on Monday and as you suggested the council too after I've spoken to the DWP.

    I do have my prescription to renew next week, do you know how I will stand with that as regards being paid for under my IR-ESA?

    I used to do permitted work under 4 hours a week I loved it but the company sadly went in to liquidation.

    Thank you again for putting my mind at rest I should sleep tonight now. I will let you know how it goes on Monday, I'm guessing there will be a long queue in front of me.

    Kind Regards Andrew...

  4. #4
    Senior Member nukecad's Avatar
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    I'd just do the prescription as normal and if you.have to then tick it for IR ESA.

    You know, I know, we all know, that you have IR ESA and this is just another DWP slip of the pen/keyboard.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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    Thanks again for your reassuring words.

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    Good Morning Nukecad,

    Here is an update on the IR-ESA saga.

    I made sure I had all the information to hand I even found the original bank statements showing the back dated payment in 2018.

    I phoned the ESA people at 8am this morning and luckily didn't have to wait too long for it to be answered. I explained what had happened the lady went through all the security checks and then she looked in to what had gone on, she could see what had happened who ever had reviewed my finances hadn't looked back at previous records so they missed it (even though I always write to disregard the original amount as it was money owed to me), she told me that she would contact the department involved and they will contact me with in 3 days, not the answer I wanted.

    About an hour later I received a call from the correct department saying they can see what has happened and it was all being put right, I asked about my HB and she said they should notice that the IR-ESA has been reinstated. I shall phone them but not today Ive had enough of phone calls for 1 day. I then got another call from the original lady I spoke to checking that I was happy and that it was all sorted out, I thanked her again for sorting it out and escalating the case for me and her diligence, it has given me faith that there are people out there still that want to really help..

    I think I can relax now, thank you again for your help over the weekend it helped a lot.

    Regards Andrew...

  7. #7
    Senior Member nukecad's Avatar
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    So as said just an annoying slip and soon sorted out.
    (New, only partly trained, staff slip up maybe? They did take a lot of newbies on recently because of all the new claims during covid, as well as shuffling staff about).

    I would phone the council about HB when you are up to it, it's probably computerised and so needs someone to click a button or two to lift any suspension and put things right.
    Hopefully that will also be as easy to put right.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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    I will phone the council today regarding the HB. Thank you again for your help.

    Andrew...

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    Quote Originally Posted by nukecad View Post
    So as said just an annoying slip and soon sorted out.
    (New, only partly trained, staff slip up maybe? They did take a lot of newbies on recently because of all the new claims during covid, as well as shuffling staff about).

    I would phone the council about HB when you are up to it, it's probably computerised and so needs someone to click a button or two to lift any suspension and put things right.
    Hopefully that will also be as easy to put right.
    Hi Nukecad,

    I thought I would just let you know that I at last got the letters today saying that my CTB and HB have been reinstated after me chasing people then being told I owe a months rent and a full Council Tax bill. But all sorted out so that is something I needn't worry about, well until next time I have to send my bank statements in for the ESA annual review, I will definitely make sure this doesn't happen again,,,,, hopefully not.

    I just wanted to update you as you were so helpful.

    Regards Andrew...

  10. #10
    Senior Member nukecad's Avatar
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    Good to hear.

    About a month to sort out the HB and CT then, which seems about par for the course even for a simple correction like this.

    There again if the DWP had done their job properly in the first place, and disregarded like they should, then it wouldn't have made that extra work for both you and the council.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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