Grey area for income support entitlement?

laurabee

My brother who has a diagnosis of Aspergers/Classic Autism, was in receipt of income support and enhanced disability premiums - he is to be inducted into university next week.
This week he has been informed that he is no longer entitled to IS. His child benefit was taken away, with a detrimental effect on his entitlement to IS disability premiums. He is in receipt of high rate DLA and care component. My mother who is his carer has been left with very little money to live on let alone support him through uni. His university loan is not through, or his tuiton fees, but Disabled Support Grant has been applied for, though not through either.
DSA for his uni course, equipment etc have been approved and applied for.
He had been in receipt of IS from before 2008. He has a very high level of need and support.
I would appreciate any advice and help you might be able to give - because he was entitled to IS on my mothers IS claim there seems to be a grey area on who the entitlement belongs to, and how the entitlement to any support needs to be ongoing as it has come to a complete halt.
They sanctioned this without any written notice except for a brief phone call last week. And through another phonecall my mother was told she had overpayments as a result of child benefits stopping on 1st September, even though they had made a payment of half the amount £40.20 on the 6th Sept.
He was also told to claim ESA without notification.

anmarj

You mum would of been claiming IS for her with premiums added because she had a child.

I take he is between 16 & 17 if the child benefit has stopped?

http://www.adviceguide.org.uk/wales/benefits_w/benefits_help_if_on_a_low_income_ew/help_for_people_on_a_low_income_-_income_support.htm



Who can get Income Support

Your age

To claim Income Support you must be under state pension age, and you must usually be 18 or over. If you are over state pension age, you cannot get Income Support but can claim Pension Credit instead.

For more information about Pension Credit, see Benefits for older people

If you're a woman, your state pension age is your pensionable age, and if you're a man, your state pension age is the state pensionable age of a woman born on the same day as you.

You can find a calculator to help you work out your state pension age on the GOV.UK website at: https://www.gov.uk.

Most 16- and 17-year-olds cannot claim Income Support. If you are 16 or 17 years old, you may get Income Support if you:

have a child or are pregnant
are on certain kinds of training course.
Being entitled to Income Support will also depend on whether you are still at school or live with your parents. 16- or 17-year-olds who have been in care cannot usually get Income Support, but there are exceptions. Lone parents who have been in care can get the benefit.

If you are 16 or 17 and want advice about claiming benefits, or you are 16 or 17 and have been in care, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Indie_Kid

He would only have been entitled to IS on your mothers claim as a child and not an adult. Once he reaches 18, (or 16 in some cases) he has to make a claim in his own right.

Blackpool_Saver

Surely he should be claiming ESA? and his Mum would have been getting child tax credits which can be claimed until a child starts uni/UK (England) level 4/or full time education ends, right up until 20 in some cases

http://webcache.googleusercontent.com/search?q=cache:H3DU2MuiYfQJ:www.disabilityrightsuk.org/how-we-can-help/individuals/education/frequently-asked-questions-students+&cd=1&hl=en&ct=clnk&gl=uk

It says you can get income based ESA if you get DLA

Indie_Kid

He may still be on IS if his claim was before 2008. No idea if everyone has been migrated over. He wouldn't have been able to claim if his mum was claiming child benefits for him.