Adoption allowance and housing benefit

UtopiAn945

I desperately need some advice for sister. She adopted 2 children with her husband. Her husband sexually abused one of the children and went to prison for this , leaving my sister devastated and in financial difficulty. She was in receipt of ESA and housing benefit and council tax reduction, but as the ESA people have now said she is well enough to work they have stopped her benefits. She is unable to work due to being an emotional wreck and also each child has to go to counselling once or sometimes twice a week over 1 hour from home.
She is in receipt of adoption allowance for the children which is not supposed to be included in calculating benefits but the housing benefit people are saying it should be counted. So now her only income is the adoption allowance . I would be so grateful for some advice as she is really struggling to pay bills etc and this is making her mental state even worse.

[Deleted User]

Did she appeal the ESA decision? If the council is wrong then she needs more definite advice I would point her in the direction of CAB.

poppy12345

UtopiAn945 wrote: »

I desperately need some advice for sister. She adopted 2 children with her husband. Her husband sexually abused one of the children and went to prison for this , leaving my sister devastated and in financial difficulty. She was in receipt of ESA and housing benefit and council tax reduction, but as the ESA people have now said she is well enough to work they have stopped her benefits. She is unable to work due to being an emotional wreck and also each child has to go to counselling once or sometimes twice a week over 1 hour from home.
She is in receipt of adoption allowance for the children which is not supposed to be included in calculating benefits but the housing benefit people are saying it should be counted. So now her only income is the adoption allowance . I would be so grateful for some advice as she is really struggling to pay bills etc and this is making her mental state even worse.

Adoption allowance is means tested, as stated here.
https://www.nhs.uk/Livewell/adoption-and-fostering/Pages/post-adoption-support.aspx#AA

UtopiAn945

Her ESA appeal was declined, they told her to apply for job seekers which she can’t do as she isn’t well enough to be able to work. She is trying to manage on her adoption allowance which is meant to be used for the children and not for day to day bill payments etc.
Adoption allowance is means tested, and she only started to get that once her husband went to prison, but she got that as well as ESA, housing benefit and council tax reduction, adoption allowance is supposed to be disregarded as income when doing a benefit claim. The problem now being that since she has been refused ESA, they have now stopped her housing benefit and council tax reduction and those are the 2 benefits she would like to get reinstated. She understands that she can’t get JSA as she can’t work.
I just feel so sorry for her, her life has fallen apart, at the moment it seems like her husband is the lucky one in prison, all his bills are paid, he is looked after, and she is left to deal with the children who understandably have a lot of issues.
At least if the financial side was sorted it would be one less obstacle to overcome

badmemory

Maybe it is time for her to "say" ok I throw the towel in. When they realise how much it is going to cost for them sort that they will be throwing money at her. I wish her luck but most of all strength.

sleepless_saver

poppy12345 wrote: »

Adoption allowance is means tested, as stated here.
https://www.nhs.uk/Livewell/adoption-and-fostering/Pages/post-adoption-support.aspx#AA

Depends where you live. If in Scotland it should be disregarded. See CPAG guidance.

sleepless_saver

UtopiAn945 wrote: »

Her ESA appeal was declined, they told her to apply for job seekers which she can’t do as she isn’t well enough to be able to work. She is trying to manage on her adoption allowance which is meant to be used for the children and not for day to day bill payments etc.
Adoption allowance is means tested, and she only started to get that once her husband went to prison, but she got that as well as ESA, housing benefit and council tax reduction, adoption allowance is supposed to be disregarded as income when doing a benefit claim. The problem now being that since she has been refused ESA, they have now stopped her housing benefit and council tax reduction and those are the 2 benefits she would like to get reinstated. She understands that she can’t get JSA as she can’t work.
I just feel so sorry for her, her life has fallen apart, at the moment it seems like her husband is the lucky one in prison, all his bills are paid, he is looked after, and she is left to deal with the children who understandably have a lot of issues.
At least if the financial side was sorted it would be one less obstacle to overcome

Her housing benefit and council tax reduction will have stopped when the ESA did, but has she asked them to reassess her on her present income which must still be pretty low?

Visit to CAB as venison suggested could be useful to see what can be done in such an upsetting situation.

UtopiAn945

sleepless_saver wrote: »

Her housing benefit and council tax reduction will have stopped when the ESA did, but has she asked them to reassess her on her present income which must still be pretty low?

Visit to CAB as venison suggested could be useful to see what can be done in such an upsetting situation.

She has no income whatsoever all she has is the adoption allowance and child benefit, will have to make an appointment at citizens advice. Thanks.

sheramber

If she is medically unable to work has she seen a doctor to get a fit note.

Ames

Just to check that it was at the appeal - in front of a tribunal - that her ESA was turned down and not just the reconsideration by the DWP?

Alice_Holt

Ames wrote: »

Just to check that it was at the appeal - in front of a tribunal - that her ESA was turned down and not just the reconsideration by the DWP?

This is an important question.

If at MR stage she must get advice from the CAB on how to proceed with the appeal.
They can do a benefit check for her.
Would PIP be appropriate for her?

What has happened to CTC's?

HB and CTr can be paid if she completes a nil income form with her local council. She should do this asap.