Employment and support allowance- help

pmlindyloo

krisskross wrote: »

No of course they aren't both claiming ESA!! One is claiming ESA and saying the other is a dependent. Totally different.

You keep doing this, posting stuff that you don't understand and in some cases completely misleading the OP.

Now guys, stop squabbling!

I don't think any of us are sure about this. In fact having done some more research I have changed my mind!

The fact that an ESA claim has to be made in one name only is the confusing bit.

The OP says that it is in his partner's name but it is a joint claim. (Clue number one)

The OP says he works 15 hours for £90 (within the permitted hours and income for someone on ESA.) Clue number two.

So I think both of them are on ESA (the claim having been made in one name as required but put through as a joint claim).

I think the OP is doing permitted work and the problem is because of the 52 week rule as set out previously.

I'm sure people are going to disagree and I am pretty sure we will never know because the OP won't return. Grrrrrh!

I haven't got a clue about any disregards! In fact I'm losing the will to live having spent yonks on this. Why are benefits so blooming complicated?

MrsManda

It may be worth reading the DWP Decision Maker's Guide Chapter 41 ESA Conditions of Entitlement:
http://www.dwp.gov.uk/docs/dmgch41.pdf

41100: Additional Conditions for ESA(IR) says in order to be entitled to ESA(IR) a claimant must not have a partner who is in remunerative work
Whether the partner is counted by the DWP as being in remunerative work can be found at 41301 in the same document with a flowchart at 41319

41121 and 41187 have details on the effect of the claimant working and permitted work.

krisskross

Nicop89 wrote: »

Hi, I am working 15 hours a week and earning £90. My partner is the one claiming income related ESA. They have put it as joint as I am her partner. Before now we were recieving payments that were consistant but then they stopped. When we got it sorted out (So called computer error) it was less than what we were getting and our circumstances haven't changed. She is in the work related activity group.

TBH it seems fairly clear to me that only one of them is sick. And that it isn't the one working.

pmlindyloo

krisskross wrote: »

[/B]

TBH it seems fairly clear to me that only one of them is sick. And that it isn't the one working.

Mmmmmm - a good point.

But don't you think it is a coincidence that the OP is only doing 15 hours for £90 a week?

pmlindyloo

MrsManda wrote: »

It may be worth reading the DWP Decision Maker's Guide Chapter 41 ESA Conditions of Entitlement:
http://www.dwp.gov.uk/docs/dmgch41.pdf

41100: Additional Conditions for ESA(IR) says in order to be entitled to ESA(IR) a claimant must not have a partner who is in remunerative work
Whether the partner is counted by the DWP as being in remunerative work can be found at 41301 in the same document with a flowchart at 41319

41121 and 41187 have details on the effect of the claimant working and permitted work.

Useful, thanks.

I guess then the OP is not in remunerative work as he only does 15 hours a week.

Meaning of remunerative work
[FONT=OHCDA D+ Helvetica,Helvetica][FONT=OHCDA D+ Helvetica,Helvetica]41316 Remunerative work for a claimant’s partner1 is work for which payment is made, or which is done in expectation of payment and in which the claimant’s partner is engaged for not less than

1. 24 hours a week [/FONT][/FONT]or [FONT=OHCDA D+ Helvetica,Helvetica][FONT=OHCDA D+ Helvetica,Helvetica]
2. 24 hours a week on average where the hours of work fluctuate.

[/FONT][/FONT][FONT=OGHMG P+ Times,Times][FONT=OGHMG P+ Times,Times]1 WR Act 07, Sch 1, Part 1, paras 6(1)(f); ESA Regs, reg 42(1)



[/FONT][/FONT]

Cpt.Scarlet

MrsManda wrote: »

It may be worth reading the DWP Decision Maker's Guide Chapter 41 ESA Conditions of Entitlement:
http://www.dwp.gov.uk/docs/dmgch41.pdf

41100: Additional Conditions for ESA(IR) says in order to be entitled to ESA(IR) a claimant must not have a partner who is in remunerative work
Whether the partner is counted by the DWP as being in remunerative work can be found at 41301 in the same document with a flowchart at 41319

41121 and 41187 have details on the effect of the claimant working and permitted work.

The danger of quoting from the Decision Makers Guide is that it often leads to misunderstanding as has happened in this case.

41301 goes on to clarify that a partner working less than 24 hours a week is allowed.

So this is not an issue as the OP (the partner) is only working 15 hours.

krisskross

Here is an example from the Welfare Alliance bulletin:

[FONT=Arial, Helvetica, sans-serif]xamples[/FONT] [FONT=Arial, Helvetica, sans-serif]Income-related ESA
[/FONT][FONT=Arial, Helvetica, sans-serif]Ben is aged 42 when he claims ESA. He lives with his wife Anne and their 9-year-old daughter. They have had a mortgage since 2002 with eligible housing costs of £90 a week. They get child benefit and child tax credit (CTC). Anne works 12 hours a week and earns £80 a week. Ben has not paid enough NI to get contributory ESA. Ben is assessed as being in the work-related activity group.[/FONT]
[FONT=Arial, Helvetica, sans-serif]Assessment phase:
Applicable amount = £94.95 (personal allowance for a couple aged 18 or over)[/FONT]
[FONT=Arial, Helvetica, sans-serif] Income to be taken into account = £60 (child benefit and CTC ignored; £20 earnings disregard applies)[/FONT]
[FONT=Arial, Helvetica, sans-serif]Ben's income-related ESA during assessment phase is £94.95 minus £60 = £34.95.[/FONT]
[FONT=Arial, Helvetica, sans-serif]Main phase:
Applicable amount = £118.95 (personal allowance of £94.95 for couple both aged 18 or over plus a work-related activity component of £24)[/FONT]
[FONT=Arial, Helvetica, sans-serif]Income to be taken into account (as above) = £60[/FONT]
[FONT=Arial, Helvetica, sans-serif]Ben's income-related ESA during the main phase is £118.95 minus £60 = £58.95.

If this is correct then £70 of the OP's wages will be deducted from the amount of IB ESA due.
[/FONT]

von

The OP is the partner of the person claiming ESA; permitted work rules only apply to the person who is actually sick so do not apply in this case.
The OP i.e. the partner is allowed to work up to 24 hours per week on average and any earnings over £20.00 per week will be deducted from their ESA(IR) entitlement pound for pound e.g. ESAI(IR) entitlement = £105.95 per week, OP earns £90.00 per week net, ESA(IR) entitlement = £105.95 less £70.00 (£90.00-20.00) = £35.95 per week. If the partner works over 24 hours per week on average he is treated as in remunerative work so their entitlement to ESA(IR) will cease from the date he started remunerative work.

Tehya

von wrote: »

The OP is the partner of the person claiming ESA; permitted work rules only apply to the person who is actually sick so do not apply in this case.
The OP i.e. the partner is allowed to work up to 24 hours per week on average and any earnings over £20.00 per week will be deducted from their ESA(IR) entitlement pound for pound e.g. ESAI(IR) entitlement = £105.95 per week, OP earns £90.00 per week net, ESA(IR) entitlement = £105.95 less £70.00 (£90.00-20.00) = £35.95 per week. If the partner works over 24 hours per week on average he is treated as in remunerative work so their entitlement to ESA(IR) will cease from the date he started remunerative work.

This is correct.

Before I had to give up work to care for my hubby I reduced my hours to 17 so this is the time he first claimed ESA.

I earned £124 pw but the DWP disregard the first £20 so only took £104 into account.

In the assessment phase we got £0 because my wages were above the level of ESA for a couple in the initial 13 weeks.

When he was placed in the Support Group he was awarded £150ish pw ESA but less my wages of £104 meaning he recieved £46 a week ESA but it gave us full housing and council tax benefit which we'd had to pay in full whilst getting zero ESA.

Permitted work is only available to the person who is sick and is to help them get back into employment. Hope this helps.

Nicop89

Hi all thanks for posting, i haven't read through them all yet as i have just got in from the advice centre.
The woman at the advice centre is also confused as to what could have changed the ammount as our circumstances have stayed the same. She has asked for them to send off a letter starting how much we should be getting and why so hopefully that should clear that up.
I will read all the comments now.
Thanks