ESA/HB - claimant over capital limit previously but now back below

Hi Rightsnetters!

I’ve got a client who has been claiming ESA/HB as a couple with his partner. They have been sent a letter by the DWP re. compliance regarding their savings. I’ve gone through their bank statements and it seems that in May and June they went over 16k but have now gone back below the limit. In the meantime the claims have continued.

So…the client has obviously been overpaid for the period he was over 16k but what about when he went back below the limit?

The DWP response I’m worried about is along the lines of… when the capital exceeded the limits the entitlement stopped. When the capital went back below 16k it would not have been possible to make new claims for ESA or HB and so the client has been overpaid for this period also and will need to claim UC instead.

Would this argument be correct or do people think that client should be able to remain on legacy benefits despite the gap in his entitlement?

Thanks!!!

DWP and the LA should make what is called a ‘closed-period supersession’. Effectively, if a decision is made at a point when entitlement has restarted, the decision will only end entitlement for the relevant period and no claim is needed for the next period.

Brilliant - just what I like to hear!

Thanks for your response Charles 😊

S