Quick ESA question

Distillerdude

I had to give up work last month to care for my wife during the week (she has a mental disability), but I am not entitled to carers allowance because of my "student" status and was advised to get my wife to apply for ESA.
Anyway, she has been refused ESA because they are basing income on tax year 2012/13 when obviously I was still employed. Does this sound correct? Does your household need to be without income for a year or two before you would be eligible for ESA?

Poppie68

It's your wife that has to have sufficent contributions for the relevant years as it's her claim. Your wife would have to be in reciept of DLA at either middle or high rate of care for you to be able to claim carers allowance but if you are a full time student you would be unable to claim it anyway.
To give a more accurate answer peope will need more details.
Wifes employment history, what is your student status, do you have student loans, children etc, any other household income.

pmlindyloo

No this is not correct.

Since you are not entitled to Carer's Allowance then you must be a full time student.

Are you getting student loans?

The loans that you get will be counted as income as regards your wife's claim for ESA (even if you haven't applied for them)

I am presuming this application was for income based ESA?

Check with the welfare department of your university that you have claimed all the loans that you are entitled to.

Poppie68

pmlindyloo wrote: »

No this is not correct.

Since you are not entitled to Carer's Allowance then you must be a full time student.

Are you getting student loans?

The loans that you get will be counted as income as regards your wife's claim for ESA (even if you haven't applied for them)

I am presuming this application was for income based ESA?

Check with the welfare department of your university that you have claimed all the loans that you are entitled to.

Whats not correct? What i wrote was on the presumtion of it being a CB claim.
Until the OP comes back and lets us know his wives employment or benefit postion previous to illness or claim we don't know.
Also he could be a part time student but wife not recieving DLA. He laso stated he had to give up work last month to care for his wife during the week so he could be a part tie student if he was working ful time...
No one knows until he gives clearer answers.
So nothing is incorrect until we have clarity on their situation.

pmlindyloo

Poppie68 wrote: »

Whats not correct? What i wrote was on the presumtion of it being a CB claim.
Until the OP comes back and lets us know his wives employment or benefit postion previous to illness or claim we don't know.
Also he could be a part time student but wife not recieving DLA. He laso stated he had to give up work last month to care for his wife during the week so he could be a part tie student if he was working ful time...
No one knows until he gives clearer answers.
So nothing is incorrect until we have clarity on their situation.

Sorry, was replying to the OP - your post came up as I was writing.

Have read the OP's previous thread where he said he was a full time student.

Nothing said in your post was wrong - you're just a quicker writer than me! (My smiley face isn't working, otherwise I would put one now)

Poppie68

pmlindyloo wrote: »

Sorry, was replying to the OP - your post came up as I was writing.

Have read the OP's previous thread where he said he was a full time student.

Nothing said in your post was wrong - you're just a quicker writer than me! (My smiley face isn't working, otherwise I would put one now)

lol..no probs PMLL...thats the problem when people write at the same time...

Poppie68

Well after reading his previous post....my questions have been anwsered, she is already in reciept of DLA and he is classed as a fulltime student.
If they are going the IR ESA route will his students grants/loans effect this claim?

Distillerdude

Thanks for the replies.

My student loan/grant payments have increased to 10k, but i won't see a payment until the end of April, so the next couple of months are the priority for me because I was financially unprepared for the income loss in having to give up work all of a sudden.
But the letter we received today clearly states that they "have used the tax years ending 5 April 2012 and 5 April 2013 to asses your claim."
And therefore "You are not getting an income-related amount because: you have more money coming in than the law says you need to live on."

We might still be refused based on my student loan/grant income I suppose, but it seems unfair to base the claim on previous tax years when I was earning 27k pa!

Indie_Kid

Poppie68 wrote: »

Well after reading his previous post....my questions have been anwsered, she is already in reciept of DLA and he is classed as a fulltime student.
If they are going the IR ESA route will his students grants/loans effect this claim?

They will, yes. Some of the loan / grant will be disregarded for books and travel.

pmlindyloo

Distillerdude wrote: »

Thanks for the replies.

My student loan/grant payments have increased to 10k, but i won't see a payment until the end of April, so the next couple of months are the priority for me because I was financially unprepared for the income loss in having to give up work all of a sudden.
But the letter we received today clearly states that they "have used the tax years ending 5 April 2012 and 5 April 2013 to asses your claim."
And therefore "You are not getting an income-related amount because: you have more money coming in than the law says you need to live on."

We might still be refused based on my student loan/grant income I suppose, but it seems unfair to base the claim on previous tax years when I was earning 27k pa!

Mmmmm Personally I would telephone them and ask why the claim has been based on your income when you were working.

Having said that your student income might prevent the claim anyway.

This link might be useful as regards your student loans and what is used for means tested benefits.

http://www2.le.ac.uk/offices/ssds/welfare/finance/state-benefits-and-council-tax/benefits/how-income-is-calculated-for-benefit-assessments

Your university welfare department should be able to help with finances.

pmlindyloo

Has your wife tried applying for Housing Benefit and Council Tax support?