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atrixblue.-MFR-.
Posts: 6,887 Forumite
Can someone please settle this discussion I am having with a neighbour.
Her husband made a recent claim to Contribution based ESA after a nasty accident that has left him with disabilities of his own he will never work again.
She claims Contribution based Income support.
Their Disabled Daughter has both HRC HRM DLA recently awarded.
She has waited for a decision for carers allowance for the last 13 weeks and today was informed that she had an underlaying claim to it, but they cannot pay it due to her income being more than what CA can pay her.
She think this is incorrect decision.
I said in order to be entitled to Carers, She would need to make a claim for INCOME BASED IS because no premiums are awarded to Contributory benefits, if she does this then her husbands ESA will be taken into account, and that then she can claim CA fully. But I said this maybe pointless, due to the fact she may end up with less money.
Am I right or wrong or partially wright and wrong?
Her husband made a recent claim to Contribution based ESA after a nasty accident that has left him with disabilities of his own he will never work again.
She claims Contribution based Income support.
Their Disabled Daughter has both HRC HRM DLA recently awarded.
She has waited for a decision for carers allowance for the last 13 weeks and today was informed that she had an underlaying claim to it, but they cannot pay it due to her income being more than what CA can pay her.
She think this is incorrect decision.
I said in order to be entitled to Carers, She would need to make a claim for INCOME BASED IS because no premiums are awarded to Contributory benefits, if she does this then her husbands ESA will be taken into account, and that then she can claim CA fully. But I said this maybe pointless, due to the fact she may end up with less money.
Am I right or wrong or partially wright and wrong?
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Comments
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atrixblue.-MFR-. wrote: »Can someone please settle this discussion I am having with a neighbour.
Her husband made a recent claim to Contribution based ESA after a nasty accident that has left him with disabilities of his own he will never work again.
She claims Contribution based Income support.
Their Disabled Daughter has both HRC HRM DLA recently awarded.
She has waited for a decision for carers allowance for the last 13 weeks and today was informed that she had an underlaying claim to it, but they cannot pay it due to her income being more than what CA can pay her.
She think this is incorrect decision.
I said in order to be entitled to Carers, She would need to make a claim for INCOME BASED IS because no premiums are awarded to Contributory benefits, if she does this then her husbands ESA will be taken into account, and that then she can claim CA fully. But I said this maybe pointless, due to the fact she may end up with less money.
Am I right or wrong or partially wright and wrong?
For Carers Allowance because of overlapping benefit rule, Carers allowance amount id taken off the Income Support (£62.70) and they then add a premium of £34.60. Carers Allowance then pay the CA amount. This will make the person £34.60 better off per week.0 -
I would advise you suggest that your neighbours visit their local CAB for an accredited benefits check and more knowledgeable advice.
Whilst there the husband should ask about Industrial Injuries Disablement Benefit (IIDB) if the accident occurred at work, and his eligibility for PIP.
https://www.gov.uk/industrial-injuries-disablement-benefit
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/check-you-are-eligible/
"She claims Contribution based Income support."
No she doesn't - there is no such benefit.
As poppy says, it may be that she should be getting a c.£35 carers premium added to her ISAlice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
Alice_Holt wrote: »I would advise you suggest that your neighbours visit their local CAB for an accredited benefits check and more knowledgeable advice.
Whilst there the husband should ask about Industrial Injuries Disablement Benefit (IIDB) if the accident occurred at work, and his eligibility for PIP.
https://www.gov.uk/industrial-injuries-disablement-benefit
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/check-you-are-eligible/
"She claims Contribution based Income support."
No she doesn't - there is no such benefit.
As poppy says, it may be that she should be getting a c.£35 carers premium added to her IS
She has booked in with CAB. looks like I need to hit the handbooks, I'm outa date. Thanks guys I'm wrong, you helped settle it, I don't mind admitting to being wrong when I am. thanks all0 -
Your advice is very wrong, CA decision is correct not to pay her ...see below... but she should claim an Income related claim to get the Carer Premium.
In order for CA to have said her CA is underlying entitlement she MUST have a contributory benefit in payment herself... this will either be
JSA (C) highly unlikely
ESA (C) the most likely
State Pension
Bereavement Benefit
Widowed parents allowance
Your opening statement must have some truth in it..and I guess she gets ESA (C)
If she is on ESA(C) long term she must be in the Support Group £109.65 a week
He has claimed ESA(C) £73.10 a week
If she does not already have it she should now claim ESA (IR)
The current situation as described...is most likely
£109.65
£73.10
Total = £182.75 a week
If she claims ESA (IR) if she does not have it already...
She will get
£114.85
£36.55
£22.80
£34.94
Sub Total £209.15
-£73.10
Total £136.05
So...if she hasn't already done so she should claim ESA(IR) for herself as she will be better off approx £27 a week all other things allowing.
What about her PIP and his PIP are they claiming?0
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