Disabled child . Esa & maintenance

Pandamonkey

Hello .
I have a disabled child aged 16 . I live with my partner who earns well and therefore we don't get tax credits etc . He is not her father . I am her full time carer and receive carers allowance . I was advised by her school that when she turned 16 I should apply for ESA for her her appointee. This also entitled the school to a bursary for access to education which they will receive and use to enhance her education in the post 16 group. Esa made us slightly better of but child benefit ceased.
No one seems to know if her receiving ESA means her father still has to pay maintenance. She is still in full time education but has a very severe disability . I called the CMS twice so far and their staff seem unsure and asked me to call back . I called the ESA helpline number and they didn't know either . I can't find anything online to suggest the correct answer . Can anyone shed some light please ? Losing his.maintenance would be a disaster for us . Between her benifits and.my carers allowance and maintenance we have a fair income between us and are able to pay half the bills and food etc equally with my new partner and our younger daughter ( he is her father) . So we split everything halfway . Maintenance will stop eventually and I will have to go back to work after 20 years caring for.my disabled child and adult social care will have to provide care for her to allow that when the time comes . His maintenance means I don't have to do that yet .

Thankyou in advance for any help you can be

Alex

Tigsteroonie

Pandamonkey wrote: »

No one seems to know if her receiving ESA means her father still has to pay maintenance. She is still in full time education but has a very severe disability .

This is between you and her father, AFAIK there are no regulations that say maintenance should cease following ESA award, but then it's unusual I expect to claim at age 16 rather than age 18 given that non-disabled children don't claim JSA at 16 now.

What does your maintenance agreement say, is he to pay until she leaves school, until she turns 18, until she is adult social care? Has her father suggested that he now stop paying?

Out of curiosity, you mention child benefit stopping; did child tax credits also stop following the ESA award?

Pandamonkey

The CSA made previous calculation . And we had a pay direct agreement of the sum they decided . The CSA have last week closed our case and told me to contact the newer CMS to calculate the amount going forward. The CSA themselves don't know the answer when I called . He is currently paying but will stop if he finds out she is getting esa. As he already feels he shouldn't be paying because I have a new partner . I need to do what is best for my daughter without aggravating an angry man . Our life is generally quite stressful with her condition. His maintenance is.more than the ESA ( he's a high earner )

Pandamonkey

're: tax credits. Because.my new partner works and earns well we weren't getting tax credits. Although we are financially separate because we have a younger child together the government assume we are financially connected and expect him to support me and a disabled child that isn't his .

Darksparkle

It does say here that it can stop if entitlement to child benefit stops.

https://www.gov.uk/when-child-maintenance-payments-stop

Makes sense if she's claiming a benefit as an adult that she wouldn't claim maintenance as a child.

Pandamonkey

But it also states .. can claim if still in education !!!55358;!!!56631;!!!55356;!!!57339;

poppy12345

Pandamonkey wrote: »

But it also states .. can claim if still in education !!!55358;!!!56631;!!!55356;!!!57339;

Usually yes, but the OP is no longer claiming Child benefit and that's unusual for someone still in education. The daughter is now claiming ESA in her own right, surely the father shouldn't be expected to pay maintenance now?

Darksparkle

Pandamonkey wrote: »

But it also states .. can claim if still in education !!!55358;!!!56631;!!!55356;!!!57339;

Yes it stops sooner in some situations. Child benefit stopping is one of those situations. As she has claimed a benefit as an adult, child benefit would stop so would stop child maintenance. You can't claim to be both an adult and a child.

https://www.moneyadviceservice.org.uk/en/articles/how-much-child-maintenance-should-i-pay/amp#when-does-child-maintenance-stop

kingfisherblue

Tigsteroonie wrote: »

Out of curiosity, you mention child benefit stopping; did child tax credits also stop following the ESA award?

Once ESA is claimed, child tax credits stop. However, the OP wasn't claiming CTC.

My son is 20 next month. CTC will come to an end, as will CB. Instead, he will be able to claim ESA. My ex currently still pays maintenance, but as it is only £20 per calendar month (for two children - younger son in education until the end of this school year), I'm not inclined to tell him. After all, he has underpaid for so long that it will take him a while to catch up!

Pandamonkey

Oh my emoticon made lots of symbols sorry that wasn't intentional

elsien

Pandamonkey wrote: »

're: tax credits. Because.my new partner works and earns well we weren't getting tax credits. Although we are financially separate because we have a younger child together the government assume we are financially connected and expect him to support me and a disabled child that isn't his .

You're living together in one household, paying the costs between you and supporting the child you have together. However you choose to arrange your finances, I don't see how you can argue you are financially separate.