ESA-C WRAG 365 days almost up

SandJ

My question is about my MIL and FIL. They were both on IB and had to filled out forms for ESA.

My MIL got into the WRAG and appealed to get into the Support Group, it went to tribunal and she did not win. They claimed she was an unrealiable witness because she could not remember anything. She has ME and one of the reasons she is unfit for work is because she forgets things, and can't do simple jobs. Her ESA-C is due to expire soon.

My FIL got sent for a medical, and was told he was fit for work, and ended up on JSA and bringing sick notes from his doctor, he appealed and it went to tribunal, he won his appeal, but only for the WRAG. His ESA-C will also run out soon.

My question is, what happens next? They need money from somewhere to live off. They are both in receipt of DLA. The problem is my FIL gets a private pension of £900 a month and I don't think they are entitled to anything else.

Is there anything that can be done about their ESA at this point? Is there a different benefit they may be entitled to that we are not aware of?

My FIL is under the impression he can just write a letter to the Job Centre and they have the authority to just put him into the Support Group, so he is ignoring all advice and just forging through with his letter. My MIL can't be trusted to deal with finances at all and so it is all left to him.

They are both too disabled to work. I am not really sure what to do. Any advice would be welcomed. They do plan to see/speak to the CAB. Thank you.

pmlindyloo

May I ask how old they are and are they in rented accommodation/own their house/mortgaged house?

Which rate of DLA do they receive?

SandJ

FIL: 62, Middle rate of care (I think) and Higher rate mobility
MIL: 59, Middle rate of care and lower mobility

They own their house outright.

pmlindyloo

OK, first thing to do is see if your FIL is entitled to Pension credit.

You can use the table here:

http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/pc10s-guide-to-pension-credit/pension-credit-qualifying-age/

Horseunderwater

Sand J - to get into the ESA Support group at all - they need to satisfy at least one of the Support group descriptors - http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html - If you scroll down past 1-17 that is the WRAG group and the next set are the Support group. No points involved this time, but you need to find out if one or more of those applies to either your MIL or FIL or both. The mobility one may be suitable for your FIL to go for as he already gets HRM DLA and if he cannot push a manual wheelchair, regardless of whether he uses one or not, then he would or should be in the support group. Not sure how you can go about this, but they may need to reapply for ESA from scratch after 12 weeks from end of the 365 days rule.

pmlindyloo

Horseunderwater wrote: »

Sand J - to get into the ESA Support group at all - they need to satisfy at least one of the Support group descriptors - http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html - If you scroll down past 1-17 that is the WRAG group and the next set are the Support group. No points involved this time, but you need to find out if one or more of those applies to either your MIL or FIL or both. The mobility one may be suitable for your FIL to go for as he already gets HRM DLA and if he cannot push a manual wheelchair, regardless of whether he uses one or not, then he would or should be in the support group. Not sure how you can go about this, but they may need to reapply for ESA from scratch after 12 weeks from end of the 365 days rule.

Doesn't this depend on NI contributions in previous years? Would being on IB and then ESA mean they would qualify for this?

QUOTE from
http://www.disabilityrightsuk.org/employment-and-support-allowance-overview

If you cannot get income-related ESA, you may be able to re-qualify for a year of contribution-based ESA for people in the work-related activity group after 12 weeks. It is possible for someone whose time limited ESA has ended to successfully reclaim again in as little as 12 weeks if they meet the National Insurance contribution conditions under a different and later tax year than before.

Have you more details for this please?

epitome

Assuming they have no savings....pension income 900 a month (£207 per week) Will be deducted from all of the below totals.

ON PC:
PC allowance is £222.05 a week
Severe disability premium of £119.00
total £341.05



ON ESA:
Both of them have been to appeal and both remain in the WRAG on ESA C so both will have ESA C stop at 365 days.
One of them can claim ESA IR by completing an ESA3, this will pay
112.55
28.45
Severe Disability Premium £119.00
Pensioner Premium of £81.05 (paid if FIL is of qualifying age for PC)
Total = £341.05
The other will keep their ESA C claim open on £0.00 for National Insurance credits only


MIL claims Income Support & CA:
112.55
(carers allowance will be paid and then deducted so it can be ignored)
disability premium £44.20
Severe Disability premium £59.50
Pensioner Premium £109.50
Carer Premium £33.30
Total £359.05


IS & CA will pay the most (remember to deduct the pension income of £207)

Otherwise, FIL can claim PC because it's easier than claiming ESA.
They can both leave their ESA C claims open for National Insurance credits only but there may be no point doing this for FIL as I imagine PC pays NI credits. MIL would only do this if she has not got full NI credits for a full state pension already.

Perhaps you should print this out and take it to the CAB with you.
They should both ask for a pension forecast so they know if they need any more NI credits.

Tell FIL he cannot just write a letter and demand to be put into Support Group his appeal put him in WRAG and that is that.

Remenber if they both currently get ESA C at their IB rates if you add them together you may find that they don't get paid as much as the totals above (less £207) in which case one of them should ask for an ESA3 now so as to get the extra premiums they are not currently getting. If they currently get more than the above no need to do it unil the ESA C runs out for 1 of them.

earthbound_misfit

They need money from somewhere to live off. They are both in receipt of DLA. The problem is my FIL gets a private pension of £900 a month and I don't think they are entitled to anything else.

Can't they live off the £900?! With DLA too (I understand that's extra for disability related cost) and owning their own home £450 each/per month seems ok?

SandJ

thank you all for all your posts, I do appreciate it. I will look into those suggestions.

I don't belive my FIL would share his income with my MIL.

epitome

LOL he is going to watch her starve to death is he?

In that case it would be best for her to claim IS & CA or ESA IR in her name and not give him any of the money she gets, telling him "you get your pension I get the benefits in my name" his ESA will stop and he will be left with only his pension LOL.

pmlindyloo

SandJ wrote: »

FIL: 62, Middle rate of care (I think) and Higher rate mobility
MIL: 59, Middle rate of care and lower mobility

They own their house outright.

The OP needs to confirm whether FIL is on middle rate care of DLA and whether he is eligible for PC.

Most impressed by the calculations - have you a special 'calculator' - if so I want one!