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ESA Income related.

Hi

I have been on ESA (CB) since Dec 08, I get DLA High rate care and mobility for multiple sclerosis. We own our own home and my GF works 35 hours a week for £17.5k pa. Struggling now with mortgage repayments etc, I applied for ESA (IR) as my GF cares for me in excess of 75 hours a week and thought that the remunerative work ruling would disregard her earnings for the purpose of the claim.

Was turned down today - with a 3 page explanation which stated that 'GF is regularly and substantially caring therefore she is not treated as in remunerative work'.

Then 'When assessing my claim to ESA IR, GF's earnings from her work should be taken into account subject to a weekly disregard of £20'.

My question to anyone who can please educate me is:-

Why do they state she is not in remunerative work - then take her earnings into account regarding the claim?

Many thanks in advance.

Comments

  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    I think the first part is a typo. How much is your mortgage? I would be very surprised if you got IB ESA on your joint income.
    Gone ... or have I?
  • They have stated that she is not 'treated' as being in remunerative work ie. they wont automatically exclude the income related part of the benefit because she is working more than 24 hours.

    They are still entitled to take the income into account though and this is what they have done.
  • dmg24 wrote: »
    I think the first part is a typo. How much is your mortgage? I would be very surprised if you got IB ESA on your joint income.

    We pay around £400 pm.
  • What is the applicable amount a couple need to live on a week?
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Ashjack wrote: »
    We pay around £400 pm.

    The basic amount the govt expect you to live on is around £105, however you will have premiums on that which will make it up to approx £160 (a very rough amount, my brain is not functioning today). Even with your mortgage payments added on, you are not going to qualify for SMI.

    If you want to do a full calculation, it is worth noting that the DWP assess your SMI on a set interest rate (around 3.5%), which may be lower than yours.
    Gone ... or have I?
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