New partner will affect my benefits how?

Kaida

Hey folks,

I am currently in receipt of
1) housing and council tax benefit,
2) waiting on an appeal for "income support by reason of incapacity" (which should be incapacity benefit as the eejits didn't know I could claim under the youth rules so put it through as something different, but I'm going to wait until after the appeal to get this corrected, they get too easily confused as it is) and
3) waiting for a reply from DLA.

Thing is, I have recently become "partners" with someone, and want to know how this is going to affect things. Up until recently, this someone rented a room from me as a lodger and friend, and that's all it was (and although the benefits offices were a bit dubious they did finally accept this). We were at uni together, you see, and me, him and another friend all rented rooms in a shared house (I rent the house, they sublet). The other friend moved out to go back onto campus for his third year, but myself and J stayed. He has not long finished his third year at uni (I finished a year ago) and I guess the prospect of him going back home to his mom kinda made me realise there're more feelings there than just friendship. He feels the same, so he's staying. :T

Anyway, does anyone know how this is going to affect benefits?

J is currently employed in a temporary job (got 7 weeks left) earning about £260 a week. He's still going to interviews for permanent work, but it's unknown whether he'll get something before this temporary job is over.

Help! I know I need to declare him as my partner, but I want to know what affect this is going to have on my benefits.

ETA: He has been paying me £210 rent, and since he started work that went up to £300 a month. This counts as income for me currently when they work out my benefits.

stazi

As you now have a partner working & earning £260pw, I cannot see that you could be entitled to IS. Why are you appealing? Your HB & CTB would be affected which you'll need to declare. Income does not affect DLA.

Kaida

Because the appeal has been on-going since January (when we weren't together, and anyway he wasn't working then even if we had been, he was still a student). They haven't even set a date yet. Besides, they should have been paying me Incapacity Benefit, not IS, they're just useless and don't know their own rules. I should have been able to claim under the youth rules, I have since found out, but at the time was told I'd have to claim under IS By Reason Of Incapacity because of my age. Once they've figured out that I am eligable I can make them change it to IB I hope, but I don't want to rock the boat and overtax their little minds at this point.

Would IB be effected by J's income?

My HB and CTB would go down I assume?

Oldernotwiser

You'll be assessed as a couple for all means tested benefits, regardless of how much he contributes. You need to contact them about this quickly or you'll have to repay any overpayments for this period.

stazi

I am assuming that you are appealing because you failed the IB medical called PCA in Jan 08.

If you are still incapable for work, then, if you are under age 25, you should claim IBY again now. If you have been seeing your GP since 28 weeks (196 days) back, then you'll need a sick note from then. Claim IBY from day 197.

Jules

Incapacity Benefit doesn't give you automatic entitlement to HB or CTB, income support does. Income support is a passport benefit and any amount entitles you to HB, CTB, NHS costs etc, on IB you will be liable for all these.

I know someone who was adamant he wanted to claim IB rather than income support and as a result is now liable for his rent etc.

Have you taken advice on this - your local CAB would be able to help.

Incapacity Benefit isn't means tested so your partners income won't be taken into account, but it will be counted as income for anything else. You will no longer be entitled to IS if you claim as a couple as he works over 24 hours and will have to claim Working Tax Credits instead.

Don't waste time letting them know, as said before, it will only cause problems if you do.
Jules

Kaida

I am currently not receiving either IB or IS, but lack of income and lack of savings means I am being given HB and CTB, if that clears some things up Jules. So don't tell IB he's now my partner? We can't get Working Tax Credits, they're only available to over-25 year olds, and I'm 22. J is 21.

Kaida

stazi wrote: »

I am assuming that you are appealing because you failed the IB medical called PCA in Jan 08.

If you are still incapable for work, then, if you are under age 25, you should claim IBY again now. If you have been seeing your GP since 28 weeks (196 days) back, then you'll need a sick note from then. Claim IBY from day 197.

I keep getting told I'm getting closer to the appeal, they've now agreed (after I burst into tears on the phone when they denied it the first time) that they will do a domicillary hearing. Now we're waiting for a date to be set. I only see my GP regularly for an assessment of my medication. Should I have been getting sick notes? I was while I was on IS(BROI), but then they stopped it and told my Dr they'd stopped it, so I figured getting them would be pointless as I had no-one to give them to.

stazi

An appeal hearing can do 1 of 3 things- up your points, down your points or leave them the same. 'Upping' your points does not guarantee that you'll win the appeal- they may only up them a few- but maybe not enough towards the 10/15 points needed.

If it has been more than 6 months since your benefit was disallowed due to the PCA, there is nothing to stop you from reclaiming from after 6 months. As you are now over age 20, there are different conditions to meet for a new IBY claim.

Fran

Were you working while at Uni? If not then you would not be entitled to Incapacity Benefit because it is a contribution based benefit. You would then be claiming Income Support for reason of sickness/incapacity.

Yes you should have been getting sick notes. Ask your doctor if they can backdate to the relevant date.

Oldernotwiser

Kaida wrote: »

I am currently not receiving either IB or IS, but lack of income and lack of savings means I am being given HB and CTB, if that clears some things up Jules. So don't tell IB he's now my partner? .

I'm not sure that Jules meant this but you MUST tell them that he's your partner otherwise you'll be committing benefit fraud, which is a criminal offence.