ASPERGER'S SYNDROME/CAPITAL THRESHOLD

Hello, the claimant has claimed ESA and been found unfit to work. He has been refused benefit because he has a lump sum compensation payment awarded as the result of an NHS blunder. It was intended to pay for accommodation and support when he is ready to live independently, but it hasn't been invested and no trust fund has been set up, it is in an ordinary account. The money was awarded while he was still a child, he is now in his early twenties and has no income at all, after having to drop out of university due to his condition. He can't manage his own financial affairs and his mother accesses the account on his behalf when necessary.

An appeal has been submitted but advice is needed about how to persuade the decision makers that this money is there to provide for his future needs, and to compensate for the years he was undiagnosed and receiving no treatment. The settlement was made out of court with no specific conditions attached. Any suggstions gratefully received!

SKB wrote:

Hello, the claimant has claimed ESA and been found unfit to work. He has been refused benefit because he has a lump sum compensation payment awarded as the result of an NHS blunder. It was intended to pay for accommodation and support when he is ready to live independently, but it hasn't been invested and no trust fund has been set up, it is in an ordinary account. The money was awarded while he was still a child, he is now in his early twenties and has no income at all, after having to drop out of university due to his condition. He can't manage his own financial affairs and his mother accesses the account on his behalf when necessary.

An appeal has been submitted but advice is needed about how to persuade the decision makers that this money is there to provide for his future needs, and to compensate for the years he was undiagnosed and receiving no treatment. The settlement was made out of court with no specific conditions attached. Any suggstions gratefully received!

you need serious expert advice from experts

try here

Mod edit: I removed the link as they do not appear to cover Social Security law, and would probably result in very large fees.

Hi SKB

As Dave said, you (or the claimant) need to seek face-to-face advice from somebody who can examine all of the facts and paperwork.

My knowledge is limited on this matter, but I understand that a personal injury payment is only disregarded as capital for 52 weeks. It can also be disregarded for longer if it is placed in a non-discretionary trust fund, where the beneficiary cannot take control of the fund.

Although the above does not appear to be the case, I would still suggest that you get advice from a welfare rights advisor.

Regards

Derek

Dave wrote:

SKB wrote:

Hello, the claimant has claimed ESA and been found unfit to work. He has been refused benefit because he has a lump sum compensation payment awarded as the result of an NHS blunder. It was intended to pay for accommodation and support when he is ready to live independently, but it hasn't been invested and no trust fund has been set up, it is in an ordinary account. The money was awarded while he was still a child, he is now in his early twenties and has no income at all, after having to drop out of university due to his condition. He can't manage his own financial affairs and his mother accesses the account on his behalf when necessary.

An appeal has been submitted but advice is needed about how to persuade the decision makers that this money is there to provide for his future needs, and to compensate for the years he was undiagnosed and receiving no treatment. The settlement was made out of court with no specific conditions attached. Any suggstions gratefully received!

you need serious expert advice from experts

try here

Mod edit: I removed the link as they do not appear to cover Social Security law, and would probably result in very large fees.

did not know they had to be free or cheap advice that said if the person gets good advice and then can have benefits for years and not use capital expert advice even if not free or cheap might IMO pay for its self. even a company like them should be able to do an hour at £50 or whatever the going rate is today ... then after that yes £500 to £700 an hour