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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34277
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Iam on esa benefitbecause I have chrons disease and arthritis

Customer Question

Iam on esa benefitbecause I have chrons disease and arthritis in accordance with my mothers wishesabd soliciors and family advice left it to my daughter by varaition of deed as my solicitor suggested am I still entitled to this benefit or not .my solicitor told me it would'nt effect benefit I'm on but now am notsure when I phoned him to enqire again he didn't seem sure himself and could'nt give me definite answer
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are you on the means tested ESA?
When was the Deed of Variation signed?
Clare
Customer: replied 2 years ago.

I am not on the contrbutaroy one do yes think its means testedit was signed end of nov 2014 thankyou

Expert:  Clare replied 2 years ago.
HI
How much were you left?
Clare
Customer: replied 2 years ago.

50k

Expert:  Clare replied 2 years ago.
Hi
And you passed all this on to your daughter?
how old is she?
have the DWP contacted you concerning this at all?
Clare
Customer: replied 2 years ago.

No

Customer: replied 2 years ago.

No she is 23

Customer: replied 2 years ago.

I have now written to them to tell them

Expert:  Clare replied 2 years ago.
Hi
Since you have written and told them about this then I am afraid that it will effect your benefits as you will be classed as having deliberately disposed of assets.
Had you not told them then it is unlikely that they would have discovered this unless someone had reported you.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

What is likeky to happen now

Expert:  Clare replied 2 years ago.
Hi
Please try not to worry
Is your daughter willing to return the money to you?
Clare
Customer: replied 2 years ago.

I think she would

Expert:  Clare replied 2 years ago.
Hi
The worst that will happen is that your ESA will cease - the DWP may also seek to recover the benefits paid since November
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thankyou so much for your help ican't believe I am in this mess my solicitor advised me everything was oerfectly legal and within my rights and that it wouldn't effect mybentitlementbfor esa I feel so angry that he did not advise me correctly thankyou again

Customer: replied 2 years ago.

Thankyou so much for your help ican't believe I am in this mess my solicitor advised me everything was oerfectly legal and within my rights and that it wouldn't effect mybentitlementbfor esa I feel so angry that he did not advise me correctly thankyou again

Expert:  Clare replied 2 years ago.
Hi
It is possible that the DWP will not take action as there is no consistency as to how the DWP approaches these Deeds - but yes a letter of complaint would not be unreasonable
Clare
Customer: replied 2 years ago.

By not take action what do u mean

Expert:  Clare replied 2 years ago.
Hi
They may simply not do anything and leave matters as they are
Clare