Income support and student carer

Capt_billabong

Hi all,
Ok here goes I am on ESA,dla high rate mobility and care and careers allowence (which my wife gets).
My wife to attends college Monday and Tuesday and my daughter looks after me while she's not here, we informed income support via letter in the post.

My wife was told that she could get further help for council tax reduction as she's a student so filled in form sent off to the council and got a letter asking us to get a letter from income support to confirm that they was aware of it.

We telephoned income support who explained we would be sent a form out to fill in and return it, this was on Monday 10th February, on the Wednesday my wife and I went for her work focused interview and the outcome was we won't bother you for another three years.
Thursday we received a letter from income support to say they had stopped our income support as they didn't know my wife was a student, we and them agreed that the letter must of got lost so could we resend copy's of college statement as a student plus any information of student loan for which she got to pay the fees of the course

Today we got bill for outstanding council tax and soon for rent arrears going back to September last year when she started, and have been told that even though student loan for course fees was paid directly to the college and not us it's still classed as extra income .

Please can any one advise on this as it's driving us crazy out of our minds as we have never been in this situation.
Like my wife says "they want you to get back into work but screw you for trying"

nannytone_2

do the college class the course as part time or full time?
i am a little confused. full time students are exempt from paying council tax and your OP mentions a reduction in council tax. but full time students cannot claim carers allowance.
why is your wife claiming income support anyway and not included on your ESA claim?

Capt_billabong

She only does 10hrs per week and where I live we have to pay a minimum of 25% .
Carers have to do a minimum of 35 hrs care per week so counting when she gets home and other 5 days it's over.
Due to amount we are allowed to live on the difference is made up of income support which is not included with ESA.

nannytone_2

it isnt the hours that she attends college that defines it as a full or part time course. it is what the college says. as i said preciously ... it should only make a difference to council tax if she were a full time student.
is your ESA contributions based or income based?

Capt_billabong

I think it's classed as full time and I was transferred to esa so I think its contributions based.
I remember my wife asking the carers centre who said as long as she's under 21 hrs she's ok but now this has happened we are in a right mess and don't know what to do.

nannytone_2

this is a right mess.
if it is classed as a full time course ( regardless of the number of hours she attends) she wouldnt be entitled to carers allowance, and so not be entitled to income support either.
it will all depend on how the college define the course. as they told you to ask for a reduction in council tax ( as this only relates to full time students) it would seem that they see it as a full time course.

if the above is what has happened ....
you are trying to claim a benefit ( council tax exemption) that is only available to full time students, whilst at the same time claiming a benefit ( carers allowance... and then income support purely because of the carers allowance) whicj are not available to full time students.

i would suggest that you ask the college id the course is classed as full or part time and then seek advice from the CAB as this could potentially be a serious problem

TattyG

I believe it doesn't just go off hours in college. It also takes into account hours that you do at home - so even though she is in College 10 hours, she might need to do 12 hours at home, library or lab, which means she is over the 21 hours. That will probably be the reason why it is classed as full time and not part time x

Capt_billabong

Sorry to be a pain, but even if she gets no extra money or applied for extra money so our income hasn't changed its a shame that some one who wants to keep her skills up to date so if she had to go back to work she had something to offer.

When we asked the carers centre we was assured that she was allowed to study upto 21 hrs a week including study time , when we spoke to the advisor at the job centre says some people ask for course fees then ask for extra then claim for extras but don't declare it but then claim income support.
Again thanks for your welcomed advice even though we haven't intentionally set out to break any rules which right now horrifies us.

TattyG

It is a shame but they are the rules they have put in place x

Capt_billabong

Update

Income support has been reinstated as we have done nothing wrong ,
I shall explain as best as I can.
If on income support and you are on FULL TIME then the following apply.

1. It's not a degree course .

2.. You have not claimed any grants or maintenance loans or grants to supplement your income.

3.. Depends on your hours.

So if you at college and and the hours are low enough and can not claim any income as no.2 then you are ok ( beware that this May impact on other benefits you claim so check first).

If you are doing a university course then you are expected to apply for loans and burserys to supplement your income and come off benefits, this will mean you will pay these back at some time in the future.
I hope this helps any one else in this situation and ps send your letters recorded delivery in the first place to avoid this as ours never got there.