Savings issues regarding getting benefits

[WorriedInMidlands]

Hi, I am the user formerly known as BigGreenForest. I havent logged in in ahwile due to health issues while I've beein in and out of hospital a lot, or just too ill to do things. In that time I've managed to forget both my email and CAG passwords. Hotmail have now blocked access to my email due to too many failed password atempts, so I'm forced to start anew.

 

Anyway, I'm in a mess.

Regarding my ongoing battle with the Council accusing me of benefit fraud, that finally osrted out. They gave up after 15 months of effort, and my solicitor gathered some evidence that thier manner of what they were doignwas unethical and malitious, that he would have used in court. I'm releived it's all over, but it cost me thousands in solicitors fees.

 

I am in a bad rut in so mnay ways. Before all this happened, and I was working (then got fired when I got ill), I swore I'd never go near benefits again. But then things changed after I lost my job, got ill, and couldn;t find anything else. Despite my health issues (I have ongoing mentail health issues with panic attacks, anxiety, major depression, plus a lot of physical pain, and newer issues such as dizzyness, disorientation and concentration problems since an operation last year) I have been trying to find some kind of part time work.

I have not been claiming any benefits so far, and have been living on help from my grandmother, and what savings I have left. But things are starting to run out, and I have a big grey area.

 

When I was working I put some compensation money I recieved into what the bank caleld a Tracker bond. At the time I was unde rthe impression I would be working full time for a loing time, so it made sense to put it into this, where the interest was good, but the catch was that I wasn;t allowed to access the money in the Bond until Mearch 2014. At the time it seemed like a worthwhile sacrifice for the interest, under the impression O would have wages to manage on.

 

in my current situation, with no work, and no benefits, my remaining money has been dwindling at a much bigger than expted rate due to things like a lot of prescription charges and rpair work to my home, which is an ongoing issue.

 

I am due to have to spend something in the region of £2500 on more urgent repairs to the house, I have an £800 council tax bill this year, plus the usual bills, and I am already £450 behind on my energy bill, which I am paying in installments. Quite simply put, I will run out of savings long before I can access the money that's locked in the Bond until next year.

 

What are my situation here? How does inaccessible money count with regards to benefits? I will have a 'dead zone' with no money. Can I resort to council tax benefit and JSA when i run out of money I can gain access to, or will they (as I think), say that I have the money in the Bond, and deny me any benefits as a result?

This is an issue I never expected. None of it, the unemployment, the health issues, the problems with the council fraud people, this weird savings grey area.

 

Does anybody know what I can do?

 

Thanks

[abc123def]

I'm afraid the inaccessable money is counted as if you have it. I know this as a close friend's dh is severely disabled and was left money in trust by his mother when she died. He has no legal access to it himself, there is a panel of 4 people who have to approve everything he asks from it and they usually refuse his requests for anything. It last paid for a motorised wheelchair several years ago, nothing since. Despite legal people presenting to the DWP and LA the fact that he has no access to it without permission from the panel holding it in trust they won't back down and act as if that money is in the bank and he gets no means tested benefits at all and lives in pverty from his DLA and charity from his church. So I can say that the fact that you can't access your money till February won't change the DWP/LA decisions on benefits. Usually you are able to access money from funds such as yours though, but you lose a lot of interest?

[Life-Goes-On]

How much in the savings account? (sorry if you stated and I've missed it)

[estellyn]

I'm afraid the inaccessable money is counted as if you have it. I know this as a close friend's dh is severely disabled and was left money in trust by his mother when she died. He has no legal access to it himself, there is a panel of 4 people who have to approve everything he asks from it and they usually refuse his requests for anything. It last paid for a motorised wheelchair several years ago, nothing since. Despite legal people presenting to the DWP and LA the fact that he has no access to it without permission from the panel holding it in trust they won't back down and act as if that money is in the bank and he gets no means tested benefits at all and lives in pverty from his DLA and charity from his church. So I can say that the fact that you can't access your money till February won't change the DWP/LA decisions on benefits. Usually you are able to access money from funds such as yours though, but you lose a lot of interest?

 

He should have appealled the decision.

[abc123def]

He did, and failed. He was informed by the Tribunal that he has an excellent case in law to be able to go to court to force the trustees to release the funds in the trust fund as he is legally obliged to be living on it but two of the members of the trustees are his abusive father and his step mother and doing so would break down an extended family and ostracise him from the whole family so he doesn't feel he can. I think the situation is awful.

[id6052]

He did, and failed. He was informed by the Tribunal that he has an excellent case in law to be able to go to court to force the trustees to release the funds in the trust fund as he is legally obliged to be living on it but two of the members of the trustees are his abusive father and his step mother and doing so would break down an extended family and ostracise him from the whole family so he doesn't feel he can. I think the situation is awful.

 

the trustees are meant to act in the beneficiary's interest

 

if they are not, he should get legal advice about trying to remove or replace the trustees

[estellyn]

the trustees are meant to act in the beneficiary's interest

 

if they are not, he should get legal advice about trying to remove or replace the trustees

 

Yes, had the trust been not accessible for day to day living costs, then the appeal would have been successful - the fact that it wasn't means the trustees are abusing their position, and legal help should be sought, as well as psychological help if this means going up against his abusers, and his abusers are still exerting power over him.

[abc123def]

Yes he realises he would be successful in court, the Tribunal told him so too but the loss of contact with his family is too high a price to pay he feels if he were to take them to court. Fortunately he is supported by a church so isn't starving. I only shared this situation as it was relevant to the OP, the friend doesn't have legal access to his money without going to court to get it but the DWP still say it is his money and counts as if it was in his bank.