Help for mother in law..

sovilla

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Dunroamin

They seem to have been misinformed about applying for DLA as you can now get this (or at least the care component) when living in another EU country and having been out of the UK for years. However, I think that they may need to apply for PIP now and I don't know what the rules for that are, but somebody else may be able to tell you.

ceecee1

If your in laws have only just come back into the country it is more than likely that they are in receipt of income based ESA and not contributory based. You need to make sure that your mother in laws earnings have been declared to the DWP as they may affect the benefit that they receive.
In addition, earnings also need to be declared to the local authority as these will affect Housing and Council tax support.

sovilla

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HOWMUCH

Which country have they been living in as this can effect benefits

sovilla

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HOWMUCH

Have you looked at her claiming working tax credit, I'm not very up on benefits sorry so this may also be a no go area also.

pmlindyloo

Your MIL will need to work 30 hours in order to receive working tax credits since your FIL is not on the right benefit (contribution based ESA) to allow her to work 16 hours and claim.

If she can get more hours then she would probably be entitled to working tax credit but as you said the more money she earns the more it affects your FIL's ESA. I also suspect that if she is doing 20 hours a week minimum wage at the moment then your FIL will already not be entitled to any money for ESA. (Please check she has informed them. Otherwise they will have an overpayment.

If you FIL is not entitled to ESA then the best thing to do is for your MIL to try and up her hours and claim working tax credit. I understand the problem with your FIL but if you live close perhaps you can manage between you all.

If this is not possible to arrange then your mum could give up work and go on your FIL's ESA claim. This would then mean that they would get maximum local housing allowance for a one bed place and council tax reduction. You can have a play around on the benefit calculator here:

http://www.turn2us.org.uk/benefits_search.aspx

sleepless_saver

Dunroamin wrote: »

They seem to have been misinformed about applying for DLA as you can now get this (or at least the care component) when living in another EU country and having been out of the UK for years. However, I think that they may need to apply for PIP now and I don't know what the rules for that are, but somebody else may be able to tell you.

The rules changed in April this year and now for new applications for attendance allowance, DLA (now PIP) you have to have been resident in UK for 2 out of past 3 years.