My sisters son help

Derekbirmingham

Right this is a strange one coming from a guy who has worked and earned all his life..
My sister is on benefit because she has health problems and has 2 kids..
Her daughter has left home and she has a 37 year old son.
Her son is and allways has been slow and had to go to a special school..hes never worked or had a bank account or even a mobile phone..hes a good lad mind nice person..
So from what i can see he lives with his mom ,my sister and off her benefits..i know this because every now and then she comes to me and asks to borrow money..
My question is my nephew entitled to any sort of benefit becsuse from what i can see hed never be accepted into a work place..
Thanks for any responces people..

Derekbirmingham

Ohh also hes duties include,mowing garden,cooking,cleaning hoovering in their house and helps his mom out as she has medical problems..

molerat

https://www.entitledto.co.uk/

pmlindyloo

The first thing you need to do is check what benefits your sister is actually receiving. At the same time you need to ask her if her son is actually receiving any benefits. It is strange that at the age of 37 he has never applied for benefits. Certainly if your sister is receiving housing benefit then her son would be counted as a non dependent and they would have queried what income he was getting to calculate the non dependent deduction.

It could be that your sister is receiving DLA or PIP (if so what rates?), then a non dependent deduction would not have been applied.

So, could you find out please?

Also, please check whether they are in a universal credit area. If they are in a full Universal Credit area then he would have to apply for Universal Credit. If not then he could apply for Employment Support Allowance if the doctor would give a fit note and he had medical evidence to support his learning difficulties. Otherwise it would be Job Seekers Allowance.

Check here:

https://www.citizensadvice.org.uk/benefits/universal-credit/before-you-apply/Check-if-youre-eligible-for-Universal-Credit/

If he needs help with daily living or mobility then he may be eligible for PIP. (his learning difficulties may be relevant here)

Or if his mum is receiving daily living PIP or middle/higher rate care with DLA then he could apply for Carer's Allowance and Income Support if he doesn't need to apply for Universal Credit.

Sorry it seems so complicated but if you can answer my questions about current benefits and universal credit then we can be more specific.

Derekbirmingham

Ok thanks for the replys..
I know she gets her rent for her adapted bungalow paid for..
She is in a universal credit area as ive just researched it online..
And she gets disabiliy benefit ill have to ask her the rates..
And yea it does sound odd at the age of 37 hes son hasent ever claimed anything,thats why im asking the question here as he is unable to do this himself..he doesent live a regular life like car,iphone,job,bank account..hes got nothing,hes backward if thats the right term i dunno..

Craig1981

her son will be able to claim an income benefit in his own right. if he is unable to work, he'll need to go through assessments for ESA.
if he wants to do neither, he may possibly be able to claim carers if looking after your sister, but will depend on a few circumstances.
he could also possibly do both, depending on what he is able to claim.

but in short, yes, he will be able to claim something, depending on his individual circumstances

Ames

Just be aware that to be declared unfit for work he has to meet very specific criteria. It's not about whether or not he can work, it's about whether or not he meets a descriptor. These are very strict.

If he doesn't meet a descriptor then he'd have to have contact with the job centre, either as a jobseeker (he'll be expected to look for work) or if they accept that he has limited capability for work he'll have to take steps towards being able to work.

It might be that your sister has decided that he wouldn't be able to comply with these requirements so it's better for her to support him.

The flipside of that, of course, is that she's not going to be around forever and at some point he'll have to get benefits of his own to be able to afford to live.

PIP might be a better option - it's an assessment and you either get it and are left alone until it's reassessed, or you don't and that's that.

Here's a list of the points (you can only get one set of points for each activity), and the support group descriptors. It's for ESA but they're the same under UC.

https://www.sense.org.uk/get-support/information-and-advice/welfare-benefits/esa/esa-descriptors/

Derekbirmingham

Yes ames your right ames..
I just said to my sister what happens to him if something ever happent to you,she said hell probably have to live on the street..there sotuation throught my eyes is pitiful..
Anyway he couldent deal with the job centre thing..
Ill invedtigate the pip thing..
Thanks people..

Derekbirmingham

Ill try get a pip form too fill out, failing that ill try carers allowence as he does all the work and cooking and helps my sister out in the bungalow..its a start..

NeilCr

Might be a good idea to get your local CAB/advice centre to help with the PIP form. It can be daunting if you haven't seen one before

pmlindyloo

Derekbirmingham wrote: »

Ill try get a pip form too fill out, failing that ill try carers allowence as he does all the work and cooking and helps my sister out in the bungalow..its a start..

As he is in a full Universal Credit area then he will need to apply for that. He does not need to apply for Carer's Allowance to be awarded the carers element of Universal Credit. Your sister does need to be on a qualifying benefit - either mid rate care DLA or daily living PIP for him to receive the carer's element.

In the circumstances it might be best for your mum and nephew to visit CAB for help with applying for any benefits especially if he has learning difficulties. It might be appropriate for someone to become his appointee. Obviously I have no idea of the extent of his difficulties. Has he been diagnosed with learning difficulties/tested/assessed by anyone?