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

Arrears of contribution towards care treated as capital

tarzier
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The Regard Partnership, Kingston

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Total Posts: 54

Joined: 16 June 2010

I have a client who had been over charged the amount he had to contribute to the local authority, towards the cost of his care.  He received a refund of £7,000 in November 18.  ESA have treated this as the client’s capital, the refund combined with other savings, ESA has said he now has over £16,000 in savings.  Been looking in CPAG but can’t see anything that leads me to any kind of disregard.  Any ideas or help on this? Kindest Julia

Rosie W
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Welfare rights service - Northumberland County Council

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Total Posts: 471

Joined: 9 February 2012

Been through this before with different local authorities. Do you know if the LA checked the effect on his benefits of paying in one lump sum or gave any consideration to paying in instalments? Is it a LA with an in house welfare rights service? There isn’t a disregard (as far as I’m aware) so a complaint to the LA may be the only option.