can anyone help

bashbash

my partner has been diagnosed with fibromyalgia, we recently applied for DLA. we got lower rate mobility.......but there should be a care component added, i will ask for a re-assement soon!

my question is we are currently claiming jobseekers allowance, i know that with ESA there is a DLA premium paid on top.

and was wandering if it was the same for JSA? and how much?

although i feel we should be receiving income support because my wife is so bad that she cannot cope through the day without me especially with 3 kids one 7 and 3 and 2. everything is hardwork for her and i am unable to work! but still i look for work and attend all my job centre appointments.

also looking into esa i know i cannot claim but can my wife and i go on her claim? i have heard that it is a very difficult benefit to get!

any information would be greatfuly appreciated and thanks in advance

princessdon

Why can't you work is it because you need to care?

How long as your wife been ill.

bashbash

yes i would say i care for her..........and my children.

she has been ill for nearly 2yrs but has been diagnosed in may 2012.
all following 3 chest infections while she was pregnant with my youngest, and she never got better

princessdon

Hard one if you had no care awarded then.

Can you work part time?

bashbash

yes but it would have to be nights! or waiting until my younger 2 are at school

bashbash

also the awarded dla was done at tribunal with just me present and they would only accept the information provided 6 months ago (in this time she has got worse) and they would not take any new information into account

princessdon

the answer is there is a carers top up for JSA but you can't claim without care, so until this is resolved ...

Fibro is hard for ESA as many work with it and full time, so the extent etc depends on many things.

bashbash

yes from what i have been reading it is hard to get, when you say carers top up is it the same as a disability premium

benefitbaby

As you have noted if your OH health has got worse since the DLA award/decision then you can seek a supersession (change of circs). If DLA at the middle rate of care is awarded then you could claim carer's allowance (instead of JSA) and make a claim for income support to top-up the CA.

Yes there are disability premiums added to JSA the sort/amount depend on the rate/component of DLA awarded e.g.
- any rate of DLA = disability premium at couple rate
- middle rate care = severe disability premium (if iving alone) or CA claim by carer
- high rate care = enhanced disability premium at couple rate

You are awarded each that apply.

There is no disability premium in ESA, there is a work-related activity component or a support group component if the work capability assessment is passed.

miduck

Remember that DLA Care is awarded based on the claimant's care needs, and not those of the children/ household. The reason they would not accept the later evidence is because the tribunal looks at the condition at the date of the original decision. If you have deteriorated you can apply for a supersession.

bashbash

thank you that is very informative.

how would i go about doing a change of circs, like i said i attended the tribunal on my own because my wife was ill at the time and she finds very difficult going out, talking to people she does not know, get very confused very easily. would this be some i could do with out her again