anyone know there way around benefits dwp dont seem to

bashbash

could somebody please help me im very confused!

my partner was claiming dla and income support when i met her when i moved in she came off income support as i was working, she became pregnant and became very ill during her pregnancy....so bad i left work to look after her i then went onto JSA just before i did this her dla had stopped and she did not reclaim it.


after the birth of our daughter my partner is still very ill i stayed on jobseekrs for quite some time while her health deteriorated.

then just a few months ago she received a letter stating that she would need to attend a medical (to transfer from incapacity to esa) which i thought was strange............so i rang and enquired she was only on a N.I. credits claim although i was told it is still considered a claim to benefit. so she stopped the claim and we continued to receive jsa. for a few more months and her health became even worse so we had re-applied for dla and she got it and now we are both on income support and i claim carers allowance.


this is my question is all the above right? im sure someone/couple cannot have a claim on both jsa and incapacity. plus i put all of this through a benefit calculator which stated we should have been receiving a little more we were getting (should of maybe been a disability premium on top) i have rang the dwp to find out if this is right..........they dont know and are trying to find so while i wait i though i would maybe get some answers from the informative people on here.

any help is greatly appreciated thank you

bloolagoon

How old is your daughter? Is it likely to improve if pregnancy related.

I don't think you can claim those 2 benefits together.

jacques_chirac

You can have separate claims for CB JSA and Incapacity, however any means tested elements would need to be on a joint claim. In your current situation your partner is on your IS claim. How much are you receiving, and what DLA rate does she receive?

mikey_bach

your partner was on IB credits, DLA and I.S
you move in so her claim closes, you are in full time work
you give up work to look after her, claim JSA she is your partner.
The DLA ceases, at this point the Disability Premium on your joint JSA claim ceases.
Her IB credits only claim is still open and due to convert to ESA.
But she is a partner now on a JSA claim
Her IB does NOT give her entitlement to the DP on a JSA claim

and since Jan 2012 she can not make a new claim to I.S on the grounds of her IB.
So am sorry to tell you she is not owed any DP, as she shut her IS claim when she moved in with you, and can not reclaim I.S again in her name

Sorry just read you are now on IS, you are the customer her the partner.
You claim CA, this is grounds for you to claim I.S
You will now be getting the DP because of her DLA

but are NOT owed any arrears of the DP because of her IB whilst you claimed as a couple on JSA
The DP on JSA would only be in payment whilst DLA is in payment

bashbash

we get 130 ish from IS carers allowance 60 and dla is 108 a week.

yes i know you cannot claim them together as we were income based. my daughter is nearly 2.

im trying to find out why i was put on jsa if she had a live claim for incapacity, we were on £111 jsa but i run it through a benefit calculator and it stated if we were on IS it would of been £156 pw.

and as far as i know jsa and income support monies work out the same?

bashbash

i was in part time work with good money, her dla stopped before i left work but why did the IB continue when i started jsa?

and why was i on jsa as she was cliaming IB

mikey_bach

bashbash wrote: »

we get 130 ish from IS carers allowance 60 and dla is 108 a week.

yes i know you cannot claim them together as we were income based. my daughter is nearly 2.

im trying to find out why i was put on jsa if she had a live claim for incapacity, we were on £111 jsa but i run it through a benefit calculator and it stated if we were on IS it would of been £156 pw.

and as far as i know jsa and income support monies work out the same?[/QUOTE
NO IB credits does not give the DP on JSA sorry

mikey_bach

IB would remain open until she closed it or had a medical or transferred to ESA
and as said IB long term credits for a partner on a JSA claim does not give the DP so you would only get the flat rate

nannytone_2

she was on incapacity benefit but it was paid through inccome support as she had insufficient contributions.
incapacity benefit is a single claim ( if claimed by a couple they would receive and IS yop up)
when you got together the IS was stopped as it was means tested.... the incapacity credits remained open as it is not means tested.
you were allowed to claim JSA even though she was still receiving Incapacity as the benefit was not in payment

bashbash

i understand this but why did it remain her credits would have been paid by CB and jsa although she was on my claim for jsa she was treated as a dependant.

when i spoke to dwp he had said they were not sure as the money side of things works out the same for IS and jsa and there was no mention of credits only on her claim. plus her dla had stopped before i finished work i was only part time why didnt the IB pay until i started jsa

bashbash

also all the write ups i have read on this say nothing about wether being on jsa or is and it relates to you or your partner not both so why were we not put on IS as teh highest award is normally the one that is paid.



Disability premium
You must be under the qualifying age for pension credit and one of the following applies to you or your partner:

are registered as blind, or taken off that register in the past 28 weeks
are getting one of the following qualifying benefits:
attendance allowance
disability living allowance (DLA)
long-term incapacity benefit (IB)
severe disablement allowance (SDA)
the disability element or severe disability element of working tax credit
war pensioner's mobility supplement
constant attendance allowance
personal independence payment
armed forces independence payment
you are the claimant and you have been incapable of work or entitled to statutory sick pay during the qualifying period of 52 weeks (or 28 weeks if you are terminally ill) and still be incapable of work