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pamela m | How will a compensation award of £12.000 affect my benefits? |
I get incapacity benefit (long term) Disability Living allowance, housing and council tax full benefit. I do not receive any income support and I have no savings. The compensation is for a fall.
Additional Details
Can I just add that I have been in receipt of these benefits long before my accident as I have poly arthritis. The accident has left me with just 5% of the use in my arm. |
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Back to the drawing board
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It doesn't affect your IB and DLA because they are non-means tested benefits. IB is your replacement income as you cannot work and you have payed your National Insurance contributions for it, and DLA is paid both to people in or not in work, just to point it out to some other answerers who think you should not be entitled to any of your compensation on top of benefit.
However it will almost certainly be counted as capital in your housing benefit assessment, they take off £1 a week for each £250 over £3000, (£6000 for people over 60) and according to this table it would be about £37 a week. I think they work out the council tax benefit in the same way but I don't know if it's done separately, but if it is it will be a lower reduction because presumably it is the lower of the two benefits:
http://www.dsdni.gov.uk/index/ssa/benefit_information/changes_in_circumstances/capital/capital_hb.htm#table_b
The only legal way to protect a compensation payment if you are claiming any means tested benefits is to set up a trust fund for it, but they are quite expensive to set up and run so it may not be viable for the comparable sizes of your award and benefit reduction.
Btw, this is how it is at the moment, I don't know if it's going to be different when Employment Support Allowance comes in, or if existing IB claimants are going to be automatically transferred to it.
Edit: Just found this, looks as though you will be okay if you have paid the contributions, and people are going to be transferred, it doesn't say when, but you might want to read up on it anyway:
http://www.disabilityalliance.org/f31.htm |
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Steve B
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As others have pointed out, a lot of Benefits are 'means tested' .. i.e. if you have savings they won't pay the benefit ..
I suggest you use most of it to pay down your Debts .. i.e. money you owe to your family (parents, brothers / sisters) or even your Mortgage ... .. leaving yourself with less than £5,000 in total savings .. |
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Chas
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Personally I do not know, but call your local Citizen advice bureau they can give you the correct answer.
You can not rely on answers of such importance here on Yahoo.
It maybe prudent to open a savings account with another bank and put the money in there, until you have a clear answer.. |
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b'stardoh
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The link below will explain everything about benefits and if your claims will be affected by your award.
http://www.dwp.gov.uk/
Not hun-percent sure but think you can have up to £6,000 in savings before any cut off of bens.
Good luck! and if you do have to spend half your money, just go bonkers over Christmas. You can always chuck a couple of grand in the direction of your fave charity. Have a nice one. . . . |
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C R
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I can't give you a complete answer but this might help you... I received approx £15,000 compensation following an accident but it took so long I had already started working again & my incapacity benefit had finished.
Before I was given the money, some was taken out to pay back the incapacity benefit I had received in the time I was unable to work (which I have no problem with at all).
This makes me think your award WILL effect your entitlement to incapacity benefit.
You've been given so many different answers I'd strongly recommend you call the incapacity benefit helpline 0800 055 6688 for advise. Even if you say you understand that you will receive £12,000. Get your answer, then you could always 'gift' part of it to a family member if you need to/want to.
I really hope you improve soon... I was in so much pain & unable to work over a year so I really feel for you. x |
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tinkerbell
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It will affect you................ your only allowed £3000 in savings.
My advice is to not declare it and open up another bank account and put it in there. (i'll probably get thumbs down from the do-gooders for saying that).
Edit......*Stacey*......... i would agree with you 100% if she was some sponger that just didn't want to work but she in on long term disability, she can't work. I think that makes it a bit different. |
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lindybug
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i think that you are allowed £5.000 in savings only |
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Woody Black
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im sure you mean £12,000
not £12.00 with an extra 0.
It might do - but I shouldnt think so - contact them and find out. |
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Stacey M
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well Im guessing the reason you are on Disability Living allowance is due to the accident you had, and if this is right the compensation award is there due to the money you would have lost out on in your employment etc so you would be expected to live of off that for a year I'd say, so NO you wouldn't receive any benefits, that means you will have to pay for all your bills!
If your compo is less than what you receive in benifits at the moment then yeah its not really fair but like I said compensation money is there for what money you have missed out on, on working etc and not there for you to swarn off on holidays and buy a car etc.
If you still can't work after your money has run out then you will get ur benefits back but they will put a guesstimate on how long this money should last you so don't go out and blow it all in a month because you won't get your benefit money until you are entitled to it!!
And Tinkerbell I think you are forgetting it is our tax money he is living off of so if he has £12k in the bank plus his benefits while Im out working 40 hours a week for £200 - do you think that's fair?
Tinkerbell - yes but she would be living on £12k from her compo, there is no need to claim benefit as well if you have that much money, thats like me going to the jobcentre and saying I don't have a job and making money on the sly its the exact same thing, compo is there from you to live on, say like if you were on the nhs and they buggered up an operation and you were left paralyzed they would have to pay you compo as you wouldn't be able to work, if she gets both benefits and compo then fair enough but she should own up to it if she gets caught she'll get in trouble anyway and have to pay everything back and by that time the compo money will be gone |
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sexybitch
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u definately will loose ur benefits and why shuld u be entitled to benefits if u have 12,000 pounds |
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