Advice at pension age

Woody76

Hi

I'm asking for advice on behalf of my in laws as I don't think their benefits are right.

My father in law currently receives ESA support rate (dwp advise a mixture of contribution rate and income based)with severe disability premium, a small pension (retired due to ill health), money for white finger, high rate care and mobility dla (also has motobility car). The pension and white finger money come off ESA.
My mother in law has just reached pension age. She did receive carers allowance and low rate dla. She has now lost carers as she is due a pension payment next week and careers say due to them paying a week in advance she has one week with no money.
The thing is mil has been advised what ever pension she receives comes off fil ESA so they will be worse of financially. She is not sure if they will still get council tax benefit. She would receive housing benefit but they won't pay her anything as she rents off her son and they say not a true rental agreement.
Does this sound right. I thought it sounds very unfair that she effectively loses her pension. She says not worth claiming pension credit as only £2 a week but does this entitle them to other things.
We have been advised my husband could claim carers as he helps care for father but don't want to make them worse off unintentially.
Would us claiming affect them?

Thank you for reading hope someone can advise

Woody x

whodathunkit

Is your MIL's pension based on her own contributions or on your FIL's?

Woody76

Hi thanks for replying

I think it's based on her contributions but not sure. Does that make a difference?

anmarj

she may have the underlying entitlement to carers allowance (that is if you are talking about Carers Allowance and not DLA Care) as she is getting a state pension but cannot be paid carers due to overlapping benefit (ie state pension) but that would still give her the carer premium on income based benefits

Woody76

Thanks
I've checked and she gets her pension based on her own contributions. Is it right that effectively hefty pension is taken off her by taking it off her husbands ESA?
X

Mr_Lawnmower

That's the way means tested benefits work - any income is deducted from the benefit paid.

It would be worth getting an entitlement check from an advice provider to see if they are better off giving up Income Related ESA and claiming Pension Credit instead. If they stick with Income Related ESA, they may well be due the Pensioner Premium (in which case the office paying ESA should be notified), but I can't remember whether this is an either/or thing with the Carer Premium.

Woody76

Who would be able to do a check would it be the CAB or is there a specialist company/department that would do it. Shd has used the hmrc calculator and entitled to calculator but no further forward.
Thanks for the replys so far
Xx

Mr_Lawnmower

Citizen's Advice would certainly be one option. Age UK should also be able to help.