Employing my Disabled Partner ?

thequant

My disabled partner who suffers from MS has had his ESA stopped because he is deemed "fit to work", however he still has his DLA intact and it was recently confirmed his payments are secure to 2015.

Although this is a moot point now as we have moved in together and I doubt he will qualify now due to my earnings and certainly not when universal credit comes into force due to the capital rules.

In an attempt to offset the loss of income I am thinking of employing him so we can take advantage of his tax allowance (if the law treats us as couple for benefits, then it can treat us as couple for tax purposes then!).

My question is, am I allowed to do this, and will it put his DLA at risk ?

Reason why I ask is that say for tax credits, people who are disabled can claim extra tax credit allowance. But how does this work, surely if you are working then you are deemed fit to work. You would certainly never pass an ATOS assessment if you admitted you worked, even if it was 1 hour a week part time!

Pineapple88

DLA is not means tested and so would not be affected by employment.

ohreally

thequant wrote: »

will it put his DLA at risk ?

It may potentialy trigger a review.

Dogger69

Pineapple88 wrote: »

DLA is not means tested and so would not be affected by employment.

Unless the work contradicted their care and mobility needs.

thequant wrote: »

You would certainly never pass an ATOS assessment if you admitted you worked, even if it was 1 hour a week part time!

Not true - many people on ESA do either voluntary or (paid) permitted work. Also worth noting that ATOS do not pass or fail anyone - that is up to the DWP.

He would not be eligible for tax credits as that would be based on your joint income.

BillNBob

I have assessed many people who have an award of both care & mobility DLA. There is no reason why full time employment cannot be an option.

It is not means tested and there is no reason why it should trigger any kind of enquiry into why or what!!!

Dunroamin

thequant wrote: »

My disabled partner who suffers from MS has had his ESA stopped because he is deemed "fit to work", however he still has his DLA intact and it was recently confirmed his payments are secure to 2015.

Although this is a moot point now as we have moved in together and I doubt he will qualify now due to my earnings and certainly not when universal credit comes into force due to the capital rules.

In an attempt to offset the loss of income I am thinking of employing him so we can take advantage of his tax allowance (if the law treats us as couple for benefits, then it can treat us as couple for tax purposes then!).

My question is, am I allowed to do this, and will it put his DLA at risk ?

Reason why I ask is that say for tax credits, people who are disabled can claim extra tax credit allowance. But how does this work, surely if you are working then you are deemed fit to work. You would certainly never pass an ATOS assessment if you admitted you worked, even if it was 1 hour a week part time!

DLA isn't an out of work benefit; many people work full time and claim it.

What are you employing him to do?

BillNBob

It would seem that all the care and mobility needs werent fully explained initially on the claim form.
DLA would not be terminated if the needs remain the same in employment or not.

This is an Allowance to enable the Disabled person to Live.