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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Mum gives client money regularly - effect on IR ESA?

JAS1
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Advice Worker, Gaddum Centre

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Total Posts: 367

Joined: 14 February 2017

Hi,

Apologies if this is a bit of an obvious question, just not sure of the answer.

Can anyone confirm to me that money given to a claimant by a family member is not treated as income for ESA purposes? I am not referring to inheritance, or big lump sums. I am talking about bits of money here and there to ‘keep her afloat’.

Client gets IR ESA but doesn’t want to claim PIP so is living on ESA only. Her mum helps her out financially, I think this is usually approximately monthly or so.

Would DWP count this as an ‘income’ as such?

Thanks in advance

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Joined: 16 June 2010

Such payments may well fall under the ‘voluntary payments’ disregard. See CPAG p290, or the DMG at 28493-5.

NB, the general rule is that any changes which you reasonably expect could affect your entitlement should be declared to DWP, and let them decide how to classify it. The question on the ESA1 or ESA3 forms asking you to tell them about ‘any other money coming in’ is very broad.

It might not apply in this case, but if the payments are irregular enough that they can’t be attributed to a particular period, then they should be capital rather than income, and so will not affect anything as long as assets remain below £6K.

JAS1
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Advice Worker, Gaddum Centre

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Total Posts: 367

Joined: 14 February 2017

Perfect, thanks very much Jon