ESA Means Tested Benefit, Legal Guardian.

Last post Thu, Jan 02 2014, 1:39 PM by maxsteam. 1 replies.
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  •  Thu, Jan 02 2014, 1:39 PM

    Re: ESA Means Tested Benefit, Legal Guardian.


    I’m not sure what to ask or whom to ask.

    You can ask DWP if they will count money held in trust for your son as your savings for the purposes of calculating benefits. If you decide to put money into a trust, you should ask your bank to open an account in the name of something like "your son's trust account" with parents as signatories.

    • Post Points: 5
  •  Thu, Jan 02 2014, 12:59 AM

    ESA Means Tested Benefit, Legal Guardian.

    ESA Means Tested Benefit


    In a few months if the DWP have their way my ESA payments will become means tested.

    I am aware of the amounts you are allowed to have saved, below £6,000 no deductions for ESA payments, between £6,001 to £16,000 ESA payments reduced by £1 per £250 and if over £16,000 you get nothing.

    However a large proportion of our savings is from our young adult autistic son, whom we have looked after since birth, my wife is his official carer and also his legal guardian and is recognized as such by the ESA and DLA departments. His DLA and ESA payments are made into our joint bank account. He is in the Support Group for ESA. I should say that amongst other things our son has no financial sense at all.

    Will that money now be counted as ours?

    I am aware we could move it into a bank account in his name, but will the ESA people still say it was our money?

    Are there any rules to the savings kept in the name of a legal guardian that came from the person they are a legal guardian to?

    I’m not sure what to ask or whom to ask.

    Need help, thanks in advance.

    • Post Points: 20