Ask the CCCS a benefits question

bardsandwarriors

PS. Just in case you dismiss this as not a real illness. (Everyone thinks they know someone with "severe" eczema.) Mine varies a lot. Sometimes it takes me most of the day to clear up my face and eyes, so that I can go to the shop before it closes. If I don't do this I risk sudden violence from strangers, extremely poor service wherever I go, and generally feeling and looking like a corpse, not warmed up.

Sometimes it takes half an hour and I'm fine. 6 months ago I was afraid of dying, because the sores had become so widespread that a small but serious infection could easily get in, and it was taking me most of the day.

But the judge saw me AFTER I had cleaned it up enough to go out, so in his wisdom he didn't give a !!!! about anything he couldn't see, told me "YOU'VE GOT A CAR HAVEN'T YOU?!" and probably hadn't even read the notes I had sent them).

bardsandwarriors wrote: »

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

DX2 wrote: »

Snock knitter has also mentioned in her own thread that she is not eligible to get CB as HMRC told her this because the children have left home.

So no idea what circumstances you know of that a parent can continue to claim CB and CTC once they have left home.

Hi DX2

Thanks for your comments.

Without knowing the precise circumstances of Sock-Knitter's situation we are only able to give general advice. Unfortunately we can’t read all individual threads, we only reply to the questions posed directly to us.

Sock Knitter's question to us advised that she was still able to claim both Child Benefit and Child Tax Credit, and as we mentioned this can continue in some exceptional circumstances.

Child Tax Credit can continue to be paid to the adult responsible for the young person (even when they're not living together) if the young person is absent from home because they are staying in certain forms of residential accommodation, necessary because of their disability. Given the brief information we have about Sock Knitter's situation, there is a possibility that this would apply.

If Sock Knitter would like any further advice or clarification from us please feel free to post again.

Kind regards,
Pavan

StepChange_Pavan

turkeybabe81 wrote: »

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.

Hi Turkeybabe81 and thanks for your question.

Firstly, you may already know that if you are currently claiming Carers Allowance for yourself, and you start to work full time, (assuming that you'll be earning more than £100 per week) you won't be able to continue claiming.

Regarding your partner's benefit claims - the Disability Living Allowance is straightforward as this does not depend on income, so this will be unaffected. However, the onus will be on your partner to argue that you are no longer a couple, in order to make a claim as a single adult for Employment & Support Allowance (ESA), Council Tax & Housing Benefit.

Your partner should contact Jobcentre Plus straight away to notify them of the situation, and ask for you to be removed from the ESA claim.

Your partner will then need to speak to the Local Authority (LA) to amend the Council Tax & Housing Benefit claim from couple to single status. Depending on whether you are both jointly liable for Council Tax, the LA will then decide if you are to be classed as a "non-dependent" - if that's the case then when you are working, an amount from your ex partner's benefit will be deducted, based on the assumption that you will be contributing towards the council tax, and the same may apply to the rent.

It is important that your partner explains that you are no longer a couple, otherwise your full time income will be taken into account and is likely to considerably reduce, or stop, your partner receiving any benefits which are means tested.

I hope this helps,
Pavan

DX2

Hi CCCS Pavan

Thanks for your comments.

I know it seems as if I have a real bee in my bonnet about this, but I feel that other parents of disabled children including myself seem to have missed this fantastic opportunity, where we are allowed to keep CTC even if the child no longer lives within the household and is infact in supported housing with their own tenancy.

Could you clarify what exceptional circumstances would led this to happen thanks. Without knowing the specific situations or infact what it's called (?) how will moneysaver's be able to continue their claim for CTC.

I mean I can't possibly phone HMRC and say CCCS Pavan said I would still get CTC.

Oh and for clarification snock knitter never mentiond getting CB in her post, I threw that into my post.

Kind Regards

DX2

CCCS_Pavan wrote: »

Hi DX2

Thanks for your comments.

Without knowing the precise circumstances of Sock-Knitter's situation we are only able to give general advice. Unfortunately we can’t read all individual threads, we only reply to the questions posed directly to us.

Sock Knitter's question to us advised that she was still able to claim both Child Benefit and Child Tax Credit, and as we mentioned this can continue in some exceptional circumstances.

Child Tax Credit can continue to be paid to the adult responsible for the young person (even when they're not living together) if the young person is absent from home because they are staying in certain forms of residential accommodation, necessary because of their disability. Given the brief information we have about Sock Knitter's situation, there is a possibility that this would apply.

If Sock Knitter would like any further advice or clarification from us please feel free to post again.

Kind regards,
Pavan

StepChange_Pavan

bardsandwarriors wrote: »

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

Hi

It sounds like you've had a difficult time trying to claim benefit. Basically as you are of working age, then the benefits system sees you as either "fit for work" or having "limited capability for work". Unless you get a favourable decision on ESA, then you are "fit for work" and you could consider claiming Jobseekers Allowance (JSA).

If you apply for JSA you must be "available for work" and this means any paid employment of at least 40 hours per week. However, the JSA legal Regulations do state that you can ask to restrict your availability for work in any way, providing the restrictions are reasonable given your physical or mental health condition. There is further guidance which Jobcentre has to follow in deciding what is reasonable, but ultimately it will be their decision.

I can't answer your question whether Jobcentre will have all the details of your ESA claim - but to be on the safe side I'd take along any relevant paperwork with you.

With regards to financing your car / getting business cards etc, Jobseekers Allowance is payable at £67.50 per week for age 25 and over. In addition to this, the advisors at Jobcentre often have access to a jobseekers fund from which they can authorise a payment for a one-off expense, which is for something which will help you to get back to work e.g. a suit for an interview. You could enquire about funding for business cards for example.

The £25 per week that you heard about sounds like the Cold Weather Payments - these are only payable to those on a qualifying benefit (Income Related ESA, Income Support etc).

Have you ever considered claiming Disability Living Allowance (DLA) if your condition means that you need help looking after yourself (you don't have to actually have someone caring for you in order to apply) or you have difficulty getting around (this isn't just based on ability to walk, it takes into account other factors which might make it hard to get out and about)?

There are also other benefits such as Housing Benefit and Council Tax Benefit which could help towards your housing costs - but they are assessed on household income so it does depend on whether you have a partner and if there is any other income coming into the household on a regular basis.

You can contact Jobcentre Plus to apply for JSA, Housing & Council Tax Benefit on 0800 055 6688. You can contact the Benefits Enquiry Line regarding DLA on 0800 882 200.

I hope this helps,
Pavan

pmlindyloo

Child Tax Credit can continue to be paid to the adult responsible for the young person (even when they're not living together) if the young person is absent from home because they are staying in certain forms of residential accommodation, necessary because of their disability. Given the brief information we have about Sock Knitter's situation, there is a possibility that this would apply.



DX - my highlights!

I alluded to this when I replied to Socknitter's thread. There are certain rules and regulations that are not easily accessible to the public (eg on the internet).

As a CAB adviser we have access to these at the bureau - they are very detailed, which is why I referred Socknitter to see a benefits adviser at CAB.

It seems to me at the heart of the matter is the certain forms of residential care . I have no idea what this means - sorry.

It must be very frustrating for you and other people who would like access to this information and I can only suggest you visit your local CAB, see a specialist, outline your particular situation and go from there.

ps Just had a thought -it is possible that this information is accessible to the public - just that I can't find it - so perhaps Pavan will be kind enough to give us a link we can follow.

StepChange_Pavan

lucyloves wrote: »

Hi, I think I might be too late but its worth a shot. I have two questions really. I'm pregnant and wanted to cut down my working hours and claim child benefit and tax credits when I go back to work.

I was thinking of cutting down to 4 days. What is the maximum number of hours I can work and still claim benefits and credits?

Also, what is the most we can earn as a couple to be eligible for help and receive benefits and credits as currently we both work full time?

Hi lucyloves and thanks for your question.

There aren’t a maximum number of hours you can work before your entitlement to Child Tax Credit Stops - the amount awarded is based on the household income.

You maybe entitled to Working Tax Credit if you work 16 or more hours and are considered to be on a low income.

When you make a claim for Tax Credits you are assessed for both Child and Working Tax Credit at the same time. And if you have a joint income of less than £41000 gross per year, you will qualify for an amount of Child Tax Credit (you can earn more and still get Tax Credit, if anyone has any disabilities or there are childcare costs to be taken into account). This cut-off point is due to decrease from April 2012 so fewer people will be entitled to Tax Credits.

You will receive Child Benefit regardless of income or the number of hours you work. This is currently £20.30 per week for the first child.

In terms of other benefits such as help towards your housing costs; this is again based on income rather than hours of work.

It is certainly worth you seeking further advice once you know what your planned hours at work / income will be.

I hope this helps,
Pavan

StepChange_Pavan

cit_k wrote: »

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?

Hi Cit_k and thanks for your question.

With regards to making a maladministration claim, I recommend that you seek legal advice. Community Legal Services maybe able to assist you, and they can be contacted on 0845 345 43 45.

I think you should speak to the tribunal service and also the local authority to inform them of the complications you are facing.

It does appear to have become very complicated and you are obviously facing many challenges. I think you require more in depth advice than we are able to provide and it maybe beneficial to contact your local Welfare Rights, or Citizens Advice Bureau with the paperwork to see if they can assist you and contact the relevant people on your behalf.

I hope this helps,
Pavan

StepChange_Pavan

pmlindyloo wrote: »

Child Tax Credit can continue to be paid to the adult responsible for the young person (even when they're not living together) if the young person is absent from home because they are staying in certain forms of residential accommodation, necessary because of their disability. Given the brief information we have about Sock Knitter's situation, there is a possibility that this would apply.



DX - my highlights!

I alluded to this when I replied to Socknitter's thread. There are certain rules and regulations that are not easily accessible to the public (eg on the internet).

As a CAB adviser we have access to these at the bureau - they are very detailed, which is why I referred Socknitter to see a benefits adviser at CAB.

It seems to me at the heart of the matter is the certain forms of residential care . I have no idea what this means - sorry.

It must be very frustrating for you and other people who would like access to this information and I can only suggest you visit your local CAB, see a specialist, outline your particular situation and go from there.

ps Just had a thought -it is possible that this information is accessible to the public - just that I can't find it - so perhaps Pavan will be kind enough to give us a link we can follow.

Hi,

Thanks for your input pmlindyloo,

The legislation around this topic is very complex and can easily be misinterpreted.

You’re right that it’s best that each individual goes to their local CAB to get tailored and specialist advice for them.

Kind regards,
Pavan

DX2

Supported housing here we come! :j
Cake and eating it....nom nom.