ESA and mortgage help query

happymumto2

DX2 wrote: »

If you're a carer whose ability to work is also limited by ill health or disability then you may have to decide between claiming Income Support and income-related Employment and Support Allowance (ESA). If you claim ESA, you may need to consider your ability to attend work-focused interviews.
Alternatively, you may be a carer for a partner whose ability is limited by ill health or disability, and you may have to make difficult decisions about who should claim which benefit.
The information below looks at particular issues about ESA that are relevant for carers.
Income Support or ESA?

It may be that you qualify for either income-related ESA, due to your limited capability for work, or Income Support, due to your caring role. If you get Carer’s Allowance, this is deducted from income-related ESA in the same way that it is from Income Support. A carer premium will be added in the same way that it is for Income Support.
If you claim Income Support as a carer you won't be able to get the extra amount that is paid to people with a disability who are unable to work (the Disability Premium). This has been replaced by the work-related activity component or support component of ESA. If you claim Income Support this could mean that you would be worse off than if you claim income-related ESA.
However, you may still be able to claim the Disability Premium of Income Support if you get Disability Living Allowance or in some other cases. If you can still get the Disability Premium, it may be better for you to claim Income Support instead of ESA.
The situation may be complicated further if you're also entitled to contributory ESA.
Each case is different, and there are many things to consider in order to work out what you can claim and what would be best for you if you have a choice. It's therefore important to get advice about what you're entitled to and what your options are. For sources of advice see External links.
If you have a partner you may need to decide between you about which benefit to claim. For example, if you're caring for a partner who has limited capability for work (or the other way around), then you may have to choose between you making a claim for Income Support or your partner making a claim for income-related ESA. Again, there are many things to consider in order to work out what you and your partner can claim, and what would be best if there's a choice. It's important, therefore, to get advice on what you and your partner are entitled to and what your options are.
If you or your partner have been getting Incapacity Benefit or Income Support on the grounds of incapacity for work since before October 27 2008, you'll continue to receive it. However, you may need to claim ESA instead at some point in the future.
Carers and work-focused interviews

If you're in the work-related activity group for ESA, this means that it's accepted that you have limited capability for work, but you're seen as being capable of taking steps that will improve your prospects of returning to work in the future.
You'll be required to attend one or more work-focused health-related assessments and a series of six work-focused interviews. These are intended to help you to increase your ability to seek work and overcome barriers to work caused by your illness or disability. These conditions don't apply if you're over 60 or you're placed in the support group.
If you're a carer under 60 in the work-related activity group, you may have concerns about the requirement to attend work-focused interviews.
You can ask for a work-focused interview to be put off (deferred) to another date if it would not be of assistance to you or appropriate in the circumstances. If you're a full-time carer for someone, an interview can be deferred if it clashes with your caring responsibilities. Your circumstances will be considered and it may be agreed that you don't need to attend a work-focused interview for the time being.
You can ask for a work-focused interview to take place in your home if attending elsewhere would cause you great difficulties. The same applies to the work-focused health-related assessment.
If a work-focused interview is not deferred but you can't attend it (because, for example, the person you're looking after becomes unexpectedly unwell, or care arrangements fall through), you must tell the Jobcentre Plus your reasons within five working days of being notified that you failed to attend the interview. Your ESA won't be subject to sanctions in this situation.
At a work-focused interview your caring responsibilities will be taken into account when discussing what work-related activity, if any, is appropriate in your individual circumstances.
If a decision is made to reduce your benefit for not attending a work-focused interview you have the right to appeal. See ESA: challenges in NHS Choices links.
http://www.nhs.uk/CarersDirect/moneyandlegal/otherbenefits/Pages/EmploymentandSupportAllowance.aspx

DX2 you wouldn't think so now, but 12 months ago I was an intelligent person, at the moment I think a pot plant has more working brain cells than me. I have a limited comprehension of things I would have found a doddle a year ago.

Have probably got this wrong so do feel free to correct me, I get my ESA of £89 a week, am eligible for CA (but it won't be in payment because of the ESA), but I will get the premium of £29 odd. So my NI contributions will be payed because of the CA even though its not being paid? Am not worried even if I don't get the £29 but would like my NI contributions paid.

The thought of applying for IS given the state of my limited brain cells is not worth it. Also with IS don't you have to come off it when the child hits 7 which he will in May, so then would have to reapply for ESA all over again. Was a mortifying experience this time round.

DX2

happymumto2 wrote: »

DX2 you wouldn't think so now, but 12 months ago I was an intelligent person, at the moment I think a pot plant has more working brain cells than me. I have a limited comprehension of things I would have found a doddle a year ago.

Have probably got this wrong so do feel free to correct me, I get my ESA of £89 a week, am eligible for CA (but it won't be in payment because of the ESA), but I will get the premium of £29 odd. So my NI contributions will be payed because of the CA even though its not being paid? Yes that is correct My concern would be how long you would get to stay on ESA.

The thought of applying for IS given the state of my limited brain cells is not worth it. Also with IS don't you have to come off it when the child hits 7 which he will in May, so then would have to reapply for ESA all over again. Was a mortifying experience this time round.

No being a carer for a disabled child normal rules do not apply. Mine is 14 and I get CA along with the IS premium, I do go for an interview every six months but I won't be taken off IS as I have a caring role.

happymumto2

Just a quick update as promised, I did ring them about the mortgage payments, have been told to ring back next Monday as I am technically still employed until Friday. So will update after that conversation.

hermum

Hi, have you been to your local council for housing advice? Their role is to prevent homelessness, they will ensure that anything you are entilted to you will get. Also it would probably be a good idea to put your name on their housing register just in case you can't keep the house, the HA will probably help you with that as well.

NASA_2

Not sure if it has been said but it is worth claiming Carers Allowance even if ESA(C) is in payment. The Carers will not be paid because ESA(C) is the higher paying benefit but the Carers Premium will be payable.

On the housing costs - I can post this for some light reading http://www.dwp.gov.uk/docs/m-43-09.pdf

Just to clarify something from the opening poster. Did you apply for both ESA(C+IR) or was it just ESA(C) with a claim to ESA(IR) to come?

happymumto2

NASA wrote: »

Just to clarify something from the opening poster. Did you apply for both ESA(C+IR) or was it just ESA(C) with a claim to ESA(IR) to come?

Hi NASA, no I only applied for ESA (C), when SSP ended, was told I was not entitled to ESA (IR) as i was still getting half pay from employer.
Have been told that as of Friday will be put onto ESA (IR), as I will no longer be getting any pay from employer. Have a meeting with employer in next 2-4 weeks and my contract will then be terminated.

NASA_2

happymumto2 wrote: »

Hi NASA, no I only applied for ESA (C), when SSP ended, was told I was not entitled to ESA (IR) as i was still getting half pay from employer.
Have been told that as of Friday will be put onto ESA (IR), as I will no longer be getting any pay from employer. Have a meeting with employer in next 2-4 weeks and my contract will then be terminated.

Have you filled in an ESA1 or have they taken the ESA(IR) details off you over the phone?

They will need more information before they can process the ESA(IR) claim than they did for the ESA(C). It may also mean there is still a 13 week waiting period to serve - though I am far from an expert on mortgages.

happymumto2

NASA wrote: »

Have you filled in an ESA1 or have they taken the ESA(IR) details off you over the phone?

They will need more information before they can process the ESA(IR) claim than they did for the ESA(C). It may also mean there is still a 13 week waiting period to serve - though I am far from an expert on mortgages.

Never claimed benefits before, did the initial claim over phone, filled the SMI form in when it came and was awarded £x amount but not in payment at that time due to half pay. Have rung them twice over last 10 days and they have told to me to ring back next Monday to transfer over to ESA (IR) and to claim the mortgage support. No mention of needing more info, but have sent pay slips in monthly, and will send Fridays. Not sure Halifax will hold off proceedings for another 13 weeks again as I have not made a payment since 20th November. If that is the case don't know what i will do!

NASA_2

happymumto2 wrote: »

Never claimed benefits before, did the initial claim over phone, filled the SMI form in when it came and was awarded £x amount but not in payment at that time due to half pay. Have rung them twice over last 10 days and they have told to me to ring back next Monday to transfer over to ESA (IR) and to claim the mortgage support. No mention of needing more info, but have sent pay slips in monthly, and will send Fridays. Not sure Halifax will hold off proceedings for another 13 weeks again as I have not made a payment since 20th November. If that is the case don't know what i will do!

Like I said, I am no expert in mortgages, I could be talking out of my !!!! with the waiting time.

It is a possibility though as far as I know.

happymumto2

Hi another quick update and a few more questions if anyone can help. Have rung again today and they had someone from the mortgage section to call me back. I won't have to wait a further 13 weeks (she thinks!), is getting someone else to call me back about that tomorrow.

However while they have said they will pay 100% of the interest as I am liable, it is only on 100k of the mortgage as I fall under the old rules. Have found this on jobcentre website and it does say that as of 5 January 09 they will pay interest on up to 200k. Does anyone know what date this came into force? I applied in October 2009 but it has not been in payment to date because I was receiving part pay from employer. The lady was adamant that I fall under the old rules and can only receive assistance on 100k, I asked her what date the new rules came into effect and she claimed she did not know.

Conditions that apply to SMI since 5 January 2009
There are some conditions that apply to most claims for help with your mortgage interest made since 5 January 2009:

• you wait 13 weeks from the date you claim before you get SMI (this is known as a waiting period and was previously 39 or 26 weeks)
• you’ll be able to claim for mortgage interest on up to £200,000 of your mortgage (this was previously £100,000)
• if you have claimed Jobseeker’s Allowance on or after 5 January 2009 you’ll be paid SMI for two years only
• if you were still in the waiting period to get SMI under the old conditions on 4 January 2009, you’ll be eligible for the temporary extra help