ESA Overpayment


Can anyone point me in the direction of where the legislation etc is for ESA overpayments and capital disregards as all I can seem to find is UC regs.

It’s a rather complicated case which I’ve not really dealt with before so if anyone knows of any guidance regarding this, please do let me know.

I’m short, my client has severe learning difficulties and cognitive problems and is the beneficiary of a trust from his late mothers estate, which has clear instructions to only give a certain amount of money to them at a time. When clearing out his mothers house, he found around 20K in cash and was wrongly advised to put this in the bank (he should have given this to the trust to manage). He eventually gave this back to the trust but ESA have obviously stopped his benefit due to being over the savings limits.

Any initial advice would be extremely appreciated

Thanks Adam

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