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Help required re benefits- Any DWP staff on here?

I have a query on behalf of my daughter and her family. She has been ill for a few years but this year her health has got so bad that her husband ( self employed) has been unable to leave her at home on her own. She has M.E and Fibromyalgia- just diagnosed last January. Due to this they decided they needed to try to claim a benefit. They have 2 young children and currently get CTC and WTC( £50pw).

The last time she was able to work was 3 years ago and today she has been advised that she is only entitled to £22 per week contribution based ESA plus her WTC. As this is less than the £111.45 you get for income based ESA how can they give her less than this to live on?

She has been unable to pay her mortgage or council tax and is serious arrears with this but has been told she will also get no help with this either.

Her local CAB are very busy so not sure when she can get an appointment. She is trying to get through to them now but any advice will be appreciated. Apart from the WTC and CTC their income is Nil from self employed.
Self Employed, Running my Dream Jobs
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Comments

  • bloolagoon
    bloolagoon Posts: 7,973 Forumite
    edited 17 January 2013 at 12:19PM
    She doesn't get money the household does wtc are counted. How did she get cont based if she hasn't worked for 3 years?

    They need to end the self employment to claim income based and repay any tax credits over payments if he hasn't been working, they may backdate her esa claim to joint.
    Tomorrow is the most important thing in life
  • Joyful
    Joyful Posts: 2,429 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 17 January 2013 at 12:22PM
    They said it was for working 2010 to 2011. She did ask if they should stop claiming WTC as she believed you had to work 16 hours plus to get it but has been sent so many letters she is confused.
    Self Employed, Running my Dream Jobs
  • bloolagoon
    bloolagoon Posts: 7,973 Forumite
    Sorry I cannot get my head round this.

    Does she (not her husband) claim WTC and is it this self employment they are using to give her contribution based instead of income based. Does the husband bring in any income?
    Tomorrow is the most important thing in life
  • Joyful
    Joyful Posts: 2,429 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Until the last few months her husband was able to go out perhaps once a week and work.Now he is not able to so she put in a joint claim for them both as advised by the benefits agency.
    Self Employed, Running my Dream Jobs
  • Cpt.Scarlet
    Cpt.Scarlet Posts: 1,102 Forumite
    Tenth Anniversary
    OK - The £22/w doesn't make any sense. Assuming she is still on the assessment rate as this is a new claim, then she should be getting £71/w. As she is getting ESA(CB) the only deductions should be for a pension or PHI, if she has either?
  • Joyful
    Joyful Posts: 2,429 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    She has neither.
    Self Employed, Running my Dream Jobs
  • shedboy94
    shedboy94 Posts: 929 Forumite
    Joyful wrote: »
    I have a query on behalf of my daughter and her family. She has been ill for a few years but this year her health has got so bad that her husband ( self employed) has been unable to leave her at home on her own. She has M.E and Fibromyalgia- just diagnosed last January. Due to this they decided they needed to try to claim a benefit. They have 2 young children and currently get CTC and WTC( £50pw).

    The last time she was able to work was 3 years ago and today she has been advised that she is only entitled to £22 per week contribution based ESA plus her WTC. As this is less than the £111.45 you get for income based ESA how can they give her less than this to live on?

    She has been unable to pay her mortgage or council tax and is serious arrears with this but has been told she will also get no help with this either.

    Her local CAB are very busy so not sure when she can get an appointment. She is trying to get through to them now but any advice will be appreciated. Apart from the WTC and CTC their income is Nil from self employed.

    Why are they claiming WTC when neither are working?
  • HB58
    HB58 Posts: 1,787 Forumite
    1,000 Posts Combo Breaker
    I too am confused by the £22. As I understand it, Contributary ESA is all or nothing - either the claimant has enough qualifying contributions or they don't - and partial benefit is not paid.

    If the joint income is low enough, income-related ESA would be claimable.
  • Joyful
    Joyful Posts: 2,429 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Tax credits are saying that their WTC income is based over the previous year. She has just called them again and had this confirmed.
    Self Employed, Running my Dream Jobs
  • Joyful wrote: »
    Tax credits are saying that their WTC income is based over the previous year. She has just called them again and had this confirmed.
    That's true as far as it goes, but if neither of them are working then there is no entitlement to working tax credit. https://www.gov.uk/working-tax-credit

    They really need a full benefits assessment, sounds like at best they could be entitled to DLA (her), carers allowance (him), council tax benefit, income related ESA (or income support for husband as carer) and possible help with mortgage interest.
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