Ask the CCCS a benefits question

fantasticfive

CCCS_Pavan wrote: »

Hi fantasticfive and thanks for your question.

According to the government website , as a family member of a national of a European Economic Area (EEA) country, immigration control might not stop your husband from claiming Disability Living Allowance (DLA). However there are other conditions to be met, such as being ordinarily resident and present in the UK, and of course meeting the qualifying criteria for the benefit itself. You can read more about this here:
However, as this is a highly complex area of benefits law and claiming benefit when you are not entitled to can jeopardise your right to stay in the UK, I would recommend speaking directly to the Disability Benefits Helpline who deal with claims for DLA and explaining the situation to them prior to making a claim.


I hope this helps.
Pavan

CCCS_PAVAN,
thanks for your reply.
Everytime I have asked this question I get a different reply.
I have asked the DLA helpline, they couldn't answer it! The call handler even asked her supevisior for guidance then returned to tell me that they couldn't answer my question and to apply anyway, and we would receive their decision!!!:eek:
The catch 22 is this ; we don't know if he is eligible for DLA due to visa conditions, but if we apply (as advised by DLA helpline) we may jeopardise his next visa. We really don't want to take any risks.
The rules are very confusing, the Border Agency has a list of "Public Funds" but when I read up about DLA, it seems that there is an exception if the applicant is the spouse of an EU national.


Thanks anyway.

AsknAnswer2

CCCS Pavan,

Thank you for taking the time to post here.

I've noted a few inaccuracies in your postings, and some which require additional information and will correct them below. This is not a criticism - it's to ensure members of MSE have correct and complete information, and I do this with other posters too when information is inaccurate. Additionally I fully expect others to correct me in instances where I'm wrong.

Bold text is my emphasis.

CCCS_Pavan wrote: »

Hi BUBBLES123CATS and thank you for your question.

You can apply for Jobseekers Allowance but the reason you left will be investigated by a decision maker. If it is deemed as a ‘reasonable cause’ then you will be eligible.

However if they decide it isn’t a reasonable cause, you still need to apply and they will put a sanction on your payments. This means you won’t get paid for a period of time. If this happens you can ask for hardship payments and if agreed you would receive 60% of the amount.

An alternative for you to claim if you are not fit for work is to get a fit note (previously sick note) from your doctor and claim for Employment Support Allowance (paid at the same amount as JSA). This will be re assessed after 13 weeks.

I hope this helps,
Pavan

You need to apply first before a decision on whether to sanction can be made. A decision cannot be taken on a non-existant claim. So, don't ask whether or not you will be sanctioned and then put in a claim. You could lose benefit if you delay claiming. They cannot tell you whether or not they will sanction you before you submit a claim. You can ask and could get an opinion, but this is not a decision.

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

In regard to this thread, the lady is considering a career break. This correction will not affect their situation because they are inelligible anyway. However, the part in bold is not strictly correct. Income Support can be paid to people taking parental leave and paternity leave from employment. Both can be considered to be in full time work but if they are taking parental/paternity leave and it's unpaid then they may be elligible during that period to claim. A career break is not considered full time work. It's a break in a career, and if one of the eligibility conditions were met, the person could still qualify. For example, if I decided to take a career break, I would qualify as I meet an eligibility condition (lone parent to qualifying child - or I could meet it as a carer), savings below the lower capital limit, I would qualify for income support during the time I was on my career break.

CCCS_Pavan wrote: »

Hi NannieG and thank you for your question.

Employment & Support Allowance (ESA) is paid to people of working age who are unable to work due to ill health. There are 2 types - Contributory and Income Related. Which type you receive depends on your National Insurance contributions record.

If you are currently receiving Contribution Based Jobseekers Allowance you are likely to receive Contributory ESA, which is unaffected by your partner's income. It is paid at £67.50 per week for the first 13 weeks of your claim. This then increases following further medical assessment.

If your partner works on average 24 hours or more each week, then you will not be entitled to Income Related ESA, as he is classed as working full-time.

If your household income is low, then it is worth checking to see if you are entitled to any other help such as Council Tax Benefit - check out the Benefits Adviser on www.direct.gov.uk to make sure you're not missing out.

Kind regards,
Pavan

Not necesserily. The purpose of the medical assessment is to determine if the person has limited capability for work, and if so, to what extent. A 'scoring' process is used for this. If the assessment scores below the required number of 'points', and they cannot be made up from other suporting evidence, the claimant is deemed not to have limited capability for work. The benefit and payment along with it would in such a case, cease.

Hi gummybear1 and thanks for your question.

If you are going abroad then you are no longer classed as available and looking for work - so yes your Jobseekers Allowance (JSA) will stop for the period that you are overseas on holiday.

Because payments towards your mortgage are part of your JSA claim, then these will also stop.

Your Child Tax Credit (CTC) will class the holiday as a temporary absence, so it should not be affected. It also shouldn’t affect any claim for Council Tax Benefit for this period

I would recommend that you speak to your advisor at the jobcentre as you may have to start your claim again - and this may included waiting a further 13 weeks before you qualify for help towards your mortgage again.

I hope this helps,
Pavan

That isn't quite correct. As she is going on holiday I would presume she is leaving the country for a relatively short period. She's getting payments toward her mortgage just now so has already met the QP (qualifying period) for SMI (Support for Mortgage Interest). When a person has met the QP for SMI and has a break in their JSA claim for a short period, they can make a rapid reclaim upon their return to JSA which will include SMI. It would not include SMI if the claimant had not passed the QP in the original claim.

Hi help-me-please and thank you for your question.

You wouldn’t be put on to contributory based, as this would be based on your National Insurance contributions – this won’t have changed from your initial award of income based ESA.

I hope this helps,
Pavan

It's unlikely to have changed but not impossible. As with all systems, it relies only on the information input. There are instances where it has come to light that a contribution record has been recorded incorrectly by HMRC. If it is found to be the case that a claimant had in actual fact paid sufficient NI contributions in the qualifying years, the claimant can be placed on the contributory based benefit.

Hope these additions provide some more information.

bardsandwarriors

CCCS_Pavan wrote: »

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

Hi Pavan, and thanks for your help. The car seems to be the biggest problem right now. I've lived on JSA for many years, while trying to evade being pushed into jobs, by staff who refuse to recognise my medical problems, or have no good mechnism to understand them and take account of them. That is the reason I applied for ESA last year, "hopefully"!, as I am genuinely limited in my capability for work. I've had these medical problems all my life, but only at the jobcentre, and nowhere else, have I been threatened with effectively, death, as a direct result of my condition.

Many times I've had my benefits cut for a week or a fortnight, because I was unable to make a 9 or 10 am appointment (which they have generally insisted on, perhaps imagining that it will force me to be more healthy). I've lied in my bed for a week or two, not eating much and switching the heating off to survive, then spent months recovering each time. But gradually my health has deteriorated.

I apologise for my attitude. I appreciate your advice, but have built up decades of hate for these blind monkeys with badges, haughtily carrying out stupid, draconian rules and then treating me like rubbish when my health gets worse. I had hoped that ESA was an answer to my problems, but it doesn't look like it and I've nearly lost interest again.

So now it seems I have to run a car on £60 a week (they deduct the rest, for crisis loans which nearly killed me last year!!), and running a car would use up £30-40 of it. It's simply not possible - it would be do-or-die for me, and that would be a stupid risk to take. As long as I can cadge off my father to run the car, I'll make an effort. But as soon as that becomes difficult, I'll have to return to playing the system for whatever I can get out it, to survive as best I can. (With martin's excellent help). I am just one of those people who fall between the floorboards

In the meantime, I'll take your advice and look into DLA.

Steve

W.T.F

Hi, I wonder if you would be able to offer me some advice.

I am 25 and have suffered from depression for the last 10 years (I have been told it is a chemical imbalance and will be on meds for the rest of my life).

About 5 years ago, I began to suffer from extreme fatigue, and would regularly fall asleep at work (I lost a fair few jobs due to this) and two years ago I began undergoing tests for Narcolepsy. Earlier this year I had an MRI scan followed by a Lumbar Puncture and VEP test as my Neurologist now believes I have MS (I had double vision for a month in January, suffer from constant pins and needles all over and my hands and legs shake so badly I have difficulty walking down a flight of stairs).

I work 54 hours a week on a 40 hour contract (I call it 'mandatory voluntary overtime - work the hours or lose the job). I know the hours I work aren't doing me any favours, but they've been incredibly good to me considering all the sick time I've had, and I love the job itself and don't want to lose it.

I need to know where I stand if they come back with a diagnosis of MS in relation to work especially as if I was able to cut my hours, I'd be down by about £400 per month which I simply can't afford.

Thank you for your time.