Aspergers and Benefits

guruchelles

Hello All,

I was hoping I could ask a question about my brother.

Simply put, he's in his late thirties and has Aspergers - can he get any kind of disability benefits for this?

Further information: he currently works part time for our Mum in her shop, but he requires a lot of support from her to be able to do that and to be able to live his life in general, for instance he lives right next door to our Mum and she has to answer all his mail and deal with all of his finances. He left school with no qualifications at all because they are simply beyond him.

Mum can't actually afford to employ him, but feels obliged to as the extent of his Aspergers has always meant he's found the world of proper work difficult. He has an excellent work ethic and has always tried to work (albeit menial jobs like factory work and cleaning) but we find he gets confused and taken advantage of.

I suspect that if Mum sacked him he may be entitled to some kind of disability benefit, but I have no idea about the ins and outs of it all. The problem is further compounded, I suspect, by the fact he's never had a formal diagnosis of Aspergers since it wasn't discovered until he was an adult (when a psychiatrist that I was seeing met him). I am 100% sure that he has got it, though, and would easily get a diagnosis if it was required, although he might object as he believes his Aspergers has gone away and that he is 'normal' now.

He's very much dependent on my Mum's support and will never have the capacity to be able to independently run his life - is there anything available for his situation?

Thanks for any replies.

BigAunty

Go to an Asperger's support site that may have more info to help you.

Disability Living Allowance is for those with care and mobility needs. It isn't a workless benefit - it is paid to those both in and out of employment and is paid on top of their wages or other benefits. It isn't based on 'diagnosis' per se just the needs a person has.

See the Direct Gov website for info on the criteria. If you feel you meet the criteria, make sure a benefit expert helps you to complete the forms - perhaps DIAL or a similar organisation might be a starting point to understand DLA and get someone to help you with the forms. There are also organisations that help the disabled into employment or voluntary work.

Employment Support Allowance is for those with disabilities or sickness that make it difficult to work and who are not in employment. It is possible to do some kinds of employment with it - called permitted work. Again, the Direct Gov website has basic info on the process.

Sacking him means that he may be sanctioned for Job seekers allowance for up to 6 months, if he intends to apply for that. After all, you have indicated that he doesn't accept that he has a condition so if he won't cooperate with applying for DLA and/or ESA or getting diagnosed, I don't really know what you can do.

rogerblack

BigAunty wrote: »

Sacking him means that he may be sanctioned for Job seekers allowance for up to 6 months, if he intends to apply for that. After all, you have indicated that he doesn't accept that he has a condition so if he won't cooperate with applying for DLA and/or ESA or getting diagnosed, I don't really know what you can do.

The only case he could be sanctioned would be if he came to an agreement that he would be sacked - basically a disguised resignation.

Sacking will never, unless it's for misconduct - affect a JSA claim otherwise.

guruchelles

Thanks both. The bottom line is that our Mum can't afford to employ him. She has had to get rid of her other staff, and the business isn't really making any money.