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Help- Had Carers Allowance, I.S and SMI taken off me!!!

245

Comments

  • TeeKay10 wrote: »
    Believe what you like - they didn't and haven't asked me about it. If you read the post about the IS advisor you wouldn't be surprised by this at all. I still don't see what relevance it has anyway? It's not extra income as it just covered my fuel costs.

    You must be living in cloud cuckoo land, if it isn't extra income, then what would you call it?
    Be happy, it's the greatest wealth :)
  • missapril75
    missapril75 Posts: 1,669 Forumite
    Eighth Anniversary Combo Breaker
    You want benefits to pay your way but you don't actually meet the criteria of caring for your nan?:cool:

    I think that's harsh. Remember that before this arose she was working and not claiming benefits.

    The principle of CA, through its predecessor, ICA, was to compensate people for loss of earnings through caring for people with a level of disability. And the OP lost her earnings by caring for someone in that situation.

    There are actually people qualifying for CA who meet the hours condition but never had earnings to give up. I'm not saying that's wrong, but the compensation for lost earnings was the reason ICA was invented.

    One could argue the OP is exactly the sort of person the inventors of this allowance had in mind, certainly more so than the person who wasn't working (nor wouldn't) but qualified by doing what they already doing or would have done should the need arise.

    When you consider that lone parents already on Income Support who then became carers not only didn't need compensation for lost earnings, but actually received an increase in their income via the carer premium, one can see it's not necessarily the black and white issue it appears.
  • TeeKay10
    TeeKay10 Posts: 23 Forumite
    edited 30 January 2013 at 10:19AM
    It isn't possible to visit someone 30 miles away, leave at 1.45 every day (to ensure that I got to school for 3pm) do the dinner, and then travel 30 miles back again to make sure I complied with the rules without fail and then come back an additional 30 miles all whilst trying to look after a child. Was I supposed to take her with me every evening and put her to bed late every night?

    I tried my bl00dy best to help a family member. Wouldn't you have done the same given the circumstances? She has NO-ONE else to help her.
  • TeeKay10 wrote: »
    Jeez, I knew I shouldn't have bothered...

    I
    I'd appreciate less of the 'fraud' remarks. I came here for help, not comments from the 'holier than thou' brigade. I don't get CA anymore so it's not relevant. I'm pretty sure that the majority of you haven't adhered to every rule in life and have turned a blind eye to certain things... :mad:

    But its not just a small fraud you had CA and did not do the hours and £15 a day 7 days a week for petrol

    thats serious if they came after you for all the money back.
    In London, you're never more than 20 feet away from someone telling you you're never more than 20 feet from a rat .
  • ceecee1
    ceecee1 Posts: 409 Forumite
    100 Posts
    If I were you I would speak to the CA department. I am pretty sure that being available for help (or 'on call') is treated as being part of the 35 hours caring responsibilities. Have just had a quick look on the Carers Website but couldn't find anything quickly.

    Unless you get CA, you do not have any of the conditions of entitlement to Income Support. These are either, lone parent or a carer (used to be sickness as well but these are transferring to ESA). Unless you fit into one of these groups then you cannot get IS.

    The only other benefit available to you is JSA. But you say that you are not available for work at all due to your caring responsibilities.

    Check with CA to see what the rules are about being available for help if needed and re-claim if you think that you still qualify. As another poster said, if your uncle wants you to look after her it is no business of his if you claim benefit.

    He is correct that your Nan would loose a part of her means tested benefit but at the end of the day surely it is more important that she is looked after properly,

    Can you come back and let me know what CA said please - it would be good to know if it is correct or not.
  • princessdon
    princessdon Posts: 6,902 Forumite
    I'm confused - surely you did 35 hours? It doesn't have to be in their home or washing them down the full time.

    Getting prescriptions, writing out cards, taking their washing and ironing home, buying clothes and presents, taking on a trip out, doing shopping etc all add up to the 35 hours.

    Do you think your uncle has another agenda?
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    TeeKay10 wrote: »
    I tried my bl00dy best to help a family member. Wouldn't you have done the same given the circumstances? She has NO-ONE else to help her.

    Personally, I would have looked at the situation, decided I was unable to fulfil the Carers Allowance criteria and told uncle to have another think.
    What I wouldn't have done is not declared income from uncle to the IS people or told the CA people I was doing 35 hours caring a week when I wasn't.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    I think that's harsh. Remember that before this arose she was working and not claiming benefits

    <snip>

    one can see it's not necessarily the black and white issue it appears.


    I don't agree.

    One of the qualifying criteria for carer's allowance is that you must be caring for the person at least 35 hrs a week. It isn't something to aim for if you are able, it is one of the criteria that you must meet to be eligible for the allowance.

    The form carries a LARGE warning by the signature box that if you "make a false statement or withhold information, you may be prosecuted leading to a fine, a prison term or both".

    Also, it isn't just about carer's allowance.

    The CA is a passport benefit to Income Support and Mortgage relief, which OP also claimed after leaving her job.

    And on top of that, her Uncle paid her £105 a week for her petrol (7 x £15) which she did not declare to the benefits agency.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • TeeKay10
    TeeKay10 Posts: 23 Forumite
    ceecee1, I will definitely do that thank you for your useful reply. :)

    princessdon, This is what I thought counted for eligibility too, but I'm just not sure. I do take her washing home, do her ironing from home, collect meds, do her shopping when she's not with me, etc etc.

    Uncle has many agendas which I won't bother detailing here in case I'm shot down in flames with that too.
    Thanks for your reply too, and missapril :)

    Regarding the fuel payments - I had absolutely no idea it mattered. NO-ONE asked me. I haven't made on it so don't see the problem. It's the same as those on benefits who get a free bus pass surely?
    To infer I'm stupid is unfair (and abusive), as mentioned before, I'm new to benefits so it can be very daunting.
  • Torry_Quine
    Torry_Quine Posts: 18,895 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    TeeKay10 wrote: »
    ceecee1, I will definitely do that thank you for your useful reply. :)

    princessdon, This is what I thought counted for eligibility too, but I'm just not sure. I do take her washing home, do her ironing from home, collect meds, do her shopping when she's not with me, etc etc.

    Uncle has many agendas which I won't bother detailing here in case I'm shot down in flames with that too.
    Thanks for your reply too, and missapril :)

    Regarding the fuel payments - I had absolutely no idea it mattered. NO-ONE asked me. I haven't made on it so don't see the problem. It's the same as those on benefits who get a free bus pass surely?
    To infer I'm stupid is unfair (and abusive), as mentioned before, I'm new to benefits so it can be very daunting.

    I think that you trusted your uncle knew what he was doing and went along with it as you wanted to help. Sadly the truth is that unless you are caring for a minimum of 35 hours a week and the person is recieving AA you aren't eligible for carer's allowance. Following from that you can't get IS either
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
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