Ask the CCCS a benefits question

tilly_lady

how much savings can you have if on incapacity

turkeybabe81

Hi
Yesterday I split from my partner. She is disabled and recieveing ESA, council tax and housing benefit as well as high rate DLA (mobility). We lived together as a couple and for the last year I have been been on her claim as her partner and also I have been her full time carer. The split has been completely amicable and we have decided to remain the best of friends and i`m gonna continue to stay at her house and care for her of an evening and weekends. The point is I want to return to work full time which i`m really excited about but what I want to know is will me having a income effect any of her benefits based on the fact we are no longer a couple and are in fact now just great friends. I will not be contributing to the rent as she has said as long as I look after the house like I have done in the past then she wont accept any contributions from me. Thanks for your advice in advance.

bardsandwarriors

Hi, I have a few questions about ESA and related benefits. I have severe eczema (sleeping very disrupted, takes me hours every days to clear it up before going out). So I applied for ESA last year, and it was denied. I appealed, and again it was denied. Both times, apparently, on the basis that I had attended an afternoon interview looking normal and fit for work. It is always a gamble whether I can make an interview like that, but managed to get there both times, having sorted out my skin to look normal enough to go out.

In the 2nd interview, the judge implied that, because I am educated and I own a car, I should be looking for freelance work, but I don't know yet if that is his declared reason for denying it. So now I have written for the judge's "reasons" for his decision, to appeal it again. But no one has been able to tell me a few things about this - eg.

- If I am supposed to be looking for freelance work, on the basiis that I own a car, how can I get money to run the car, plus petrol to visit local companies, eg. about £2000 a year. For now I am scavenging off my father. But I am seriously considering selling the car and resigning myself to another 10 years on the dole.

- I also need help with business cards, etc. How can I pay for those?

- My health requires that I keeping the temperature in my flat very high. This means I've racked up a big heating bill which I can't pay. Someone told me that I could claim £25 a week for heating, but when asked at the jobcentre they fobbed me off. Can I get this, and how do I pay the bill?

- If I sign on for JSA again, will the jobcentre now be aware of my health problems? Or will they be forcing me into jobs (again) which I will get fired from, for being late/tired, and then cut my benefits for 4-6 months, likely resulting in my death?

- is there anything else I should be claiming for?

Steve

StepChange_Pavan

Mrsl82 wrote: »

Hi
Myself,husband 2yr old & 7week old currently live with my parents in their 3 bed house. We do own a one bed flat but had to move out as obviously it was too small. We barely fitted one cot in the bedroom let alone 2! We now rent out our flat but at a loss of £240 a month against our mortgage so it still costs us money every month. Are we eligible for council housing or housing benefit even though we own our own property? We can't afford to rent or buy as no deposit & currently would make a £20k min loss on our flat if sold it. Feel stuck & not sure what our options are...council are very vague & not been any help!!
Thanks

Hi Mrsl82 and thanks for your question.

At the moment you wouldn't qualify for Housing or Council Tax Benefit because you're living with your parents, so you're not seen to have any eligible housing costs.

If you were to move into rented accommodation, (either privately or through social housing) then you would potentially be entitled to help with your rent and /or council tax.

These benefits are awarded by your local authority and they will look at the flat you own as a potential asset. However as you are not making a profit from the rent you charge, and from what you’ve said it’s in negative equity, then this should not be taken into consideration.

When calculating your potential claim for benefits, they will take into consideration the income you have coming into the property eg from wages and benefits.

I hope this helps,
Pavan

cit_k

Had an IB appeal, which went to a second appeal (upper tribunal)
During that period claimed ESA.
Won IB second tribunal.
IB backdated.
IB re-instated.
ESA stopped, apparently because I 'lost an ESA appeal'
No ESA appeal ever took place.
DWP confirmed verbally they have no idea why they said that and its not on record that I have lost an ESA appeal.
Tribunal service sent letter afterwards saying my ESA appeal is ongoing and will be heard in a few months.
Housing benefit suspended due to ESA stopping, currently trying to get re-instated now having proof of IB reinstatement.

Questions

1. Do I have a claim for maladministration, due to being messed around so much (about 2 years worth)
2. Is it best to close ESA tribunal now, or wait till closer to the date (ie will having the tribunal open mean they leave me alone for now
regarding ib to esa transfer)
3. Will housing benefit drop to new rates due to being recalculated if they re-instate, and as it was the DWP's fault anyway,
should they not compensate for the drop in future rent fully? (as if they had not been in the wrong, it would not have been suspended).
4. Is it worth informing the tribunal service the DWP told me in writing I had lost an appeal that never existed for ESA?

StepChange_Pavan

rikman wrote: »

Hi,

My wife has taken a 4 year career break from the NHS to raise our 2 boys who are 4 and 1. We currently receive child benefit and tax credits. Is she entitled to any other benefits liek income support and will that affect/reduce her tax credits?

Any information you can provide is greatly appreciated.

In case it helps our total family income pre-tax is now £25k pa. We own our own home (mortgaged) and we pay about £90 a month for rates (council tax)

Many thanks

Hi rikman and thanks for your question.

One of the qualifying conditions for Income Support is that neither you nor your partner can count as being in full time work.

As it’s a means tested benefit, any income coming into the household would be taken into account when assessing eligibility.

From what you’ve mentioned, it doesn’t seem as though your wife is currently looking for work (or medically certified as too ill to work), so she’s unlikely to be entitled to the other working age benefits such as Jobseekers Allowance or Employment & Support Allowance.

However, you do need to make sure that you complete your tax credits renewal form to ensure that your award is based on the correct income. You may find that the amount increases if you income has dropped from previous years now that your wife is no longer working.

I hope this helps,
Pavan

StepChange_Pavan

caz2703 wrote: »

I have recently separated from my husband and am living in the family home. At present, I am employed but on maternity leave with SMP due to end very soon. My Ex is paying all the bills at present but is seeking to have me contribute but is providing no support for raising the children. I may not be able to return to work full time given childcare costs so what if anything can I do at this moment in time? Am I entitled to any benefits (bar the child benefit which has just recently been changed across to my bank account) whilst on SMP? As a couple we weren't entitled to CTC or WTC but as a single parent, would I be? I have 2 children under 2 if that helps.

I'd appreciate any advice you can give me.

Hi caz2703 and thanks for your question

Now that your circumstances have changed, you should make a sole application for tax credits as any award should now be based on your sole earnings rather than joint. Any award will be based on your previous year's earnings.

If you applied now (whilst on maternity leave) you may be awarded working tax credit as well as child tax credit. However, you would need to notify the tax credits office if you don’t return to work for at least 16 hours per week as you would no longer meet the qualifying criteria for working tax credit.

If you did decide to return to work and found that you had to pay for childcare costs, you should again notify the tax credits office, as this may mean the your tax credit award is increased.

Any child support payments that may be paid in the future will be ignored as income.

If anything changes again always make the tax credits team aware to avoid any overpayment.

I hope this helps,
Pavan

rikman_2

CCCS_Pavan wrote: »

Hi rikman and thanks for your question.

One of the qualifying conditions for Income Support is that neither you nor your partner can count as being in full time work.

As it’s a means tested benefit, any income coming into the household would be taken into account when assessing eligibility.

From what you’ve mentioned, it doesn’t seem as though your wife is currently looking for work (or medically certified as too ill to work), so she’s unlikely to be entitled to the other working age benefits such as Jobseekers Allowance or Employment & Support Allowance.

However, you do need to make sure that you complete your tax credits renewal form to ensure that your award is based on the correct income. You may find that the amount increases if you income has dropped from previous years now that your wife is no longer working.

I hope this helps,
Pavan

Thank you very much indeed for your advice.

StepChange_Pavan

pebe01 wrote: »

I am currently self employed and claiming no state benefits at all. My wife and I are expecting our first child in December and as I will be the only member of the household working full time I am keen to find out whether I or we are entitled to any support. My wife is a teacher and will be on a reduced income for some time until she returns to work part time next year. Thank you.

Hi pebe01 and thank you for your question.

Hi

It’s difficult to say whether you’d be entitled to anything at the moment as your benefit entitlement will be based on your household income.

Once the baby is born you will qualify for Child Benefit, which is currently £20.30 per week for the first child.

If your joint income is below £41000 per year then you may qualify for Child Tax Credit and possibly Working Tax Credit.

If your overall household income is low then you may also be entitled to Council Tax Benefit and Housing Benefit if you are living in rented accommodation.

You could use this calculator on the Directgov website to be sure.

I hope this helps,
Pavan

Former_MSE_Wendy

UPDATE:

Thanks to all the staff at CCCS who've answered questions today

If you've already asked a question CCCS will post a reply today (apart from a few complicated ones when they will reply tomorrow). Anyone who posts a question between now and 5pm today may get a reply tomorrow morning, but it's not guaranteed, so please check back then to see.

If you need further help with benefits questions, your local Citizens Advice will be able to help.