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Disabled mother being forced to work

So I’m posting this on behalf of my mother. Basically my father has always been the one to work in their household as mum was the Home maker and looked after my brother and I. Now we have grown up and moved out, and last year my dad became unemployed which has led them into a lot of debt and they’re completely unable to cope, dad is trying his hardest to find work but being an older gentleman who’s also of ill health it isn’t going well for him. Now, my mother has applied for disability benefit, on behalf of the fact that she has a bone disease in her hip which meant having a hip replacement at around 10 years of age, as you can imagine 40 years later the replacement isn’t working the same as it was, and it’s highly likely she will end up in a wheelchair in the near future. Not only this, but she also has advanced COPD, something that is progressively getting worse. Because of this she applied for disability benefit, but they refuse to help and tell her she’s capable to work. She’s currently working over 40 hours a week just to be able to pay the rent and council tax, it’s not a well paid job at all so by the time rent and council tax is paid off then they struggle for the rest of the month to be able to buy food etc. It’s making my mother extremely ill, and my poor dad is trying his hardest but there’s nothing he can do as nobody will employ him. I have stayed my parents house numerous times in the past, to help my dad take care of my mother as when she’s in pain she won’t be able to move by herself at all, so it’s up to us to help her get to and from the bathroom etc.
What do we do? How are they saying she is capable of work?! She has all of the evidence she needs to prove otherwise, and even her doctor has told her she is completely unfit to work. But they REFUSE to allow her to claim disability benefit. She really is at the end of her tether, as is my dad. What can we do??
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Comments

  • calcotti
    calcotti Posts: 15,696 Forumite
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    Bit more information would help. What benefit(s) have they applied for? What benefit was your mother refused and did she challenge the decision? How long is it since she was Refused? How much is your mother earning and is that their only income? Do they rent their home or do they own it?
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • poppy12345
    poppy12345 Posts: 18,532 Forumite
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    Was it PIP that she claimed? I'm assuming that it was.


    PIP isn't about not being able to work, people claim this and work. It's about how your conditions affect your ability to carry out daily activities based on the PIP descriptors.



    Although people do work and claim this benefit, sometimes the work you do can contradict the reasons for your claim, if this happens then it's likely you'll be refused.



    When was the decision made on her claim? Did she request the mandatory reconsideration? (MR) then Tribunal if that failed? If not, was the decision made within the last 13 months?
  • They have applied for disability benefit for my mother, with the intention of claiming help with their rent and tax once disability benefit was approved, however obviously they were refused help. They absolutely challenged the decision but were told that my mother was fit for work and there for not entitled to anything. My mother earns £1,000 a month, that is their only income. Rent is £600 a month, and they pay full council tax, gas, electric, water etc etc. They rent from sanctuary housing association.
  • Diamandis
    Diamandis Posts: 881 Forumite
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    Please clarify what you mean by "disability benefit".
  • Alice_Holt
    Alice_Holt Posts: 6,092 Forumite
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    edited 13 January 2019 at 7:37PM
    They have applied for disability benefit for my mother, with the intention of claiming help with their rent and tax once disability benefit was approved, however obviously they were refused help. They absolutely challenged the decision but were told that my mother was fit for work....

    Which disability benefit?

    PIP or ESA or UC (Limited Capability for work)?
    Just telling us " They have applied for disability benefit for my mother,", doesn't enable us to offer any advice. You need to be more exact, and give more information (as previously requested).

    I would suggest your parents take the paperwork into their local advice agency / CAB for further help.

    Arte they appealing the decision?

    If your mother is working and earning £1,000 a month - then obviously she is fit for some work. Your post makes little sense in terms of benefits.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • poppy12345
    poppy12345 Posts: 18,532 Forumite
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    They have applied for disability benefit for my mother, with the intention of claiming help with their rent and tax once disability benefit was approved, however obviously they were refused help. They absolutely challenged the decision but were told that my mother was fit for work and there for not entitled to anything. My mother earns £1,000 a month, that is their only income. Rent is £600 a month, and they pay full council tax, gas, electric, water etc etc. They rent from sanctuary housing association.
    Which disability benefit are you talking about? Without all of the information it's impossible to advise. Please find out this information and post back once you have and then someone will be able to help you.
  • theoretica
    theoretica Posts: 12,602 Forumite
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    Also, if she is getting PIP your father could probably apply for carer's allowance.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • poppy12345
    poppy12345 Posts: 18,532 Forumite
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    theoretica wrote: »
    Also, if she is getting PIP your father could probably apply for carer's allowance.
    She's been refused a disability benefit so it's unlikely she's claiming this.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 13 January 2019 at 9:16PM
    If they were to claim Universal Credit they would have a standard allowance of £498.89/month plus help with their rent. They are allowed one bedroom. If they have one spare bedroom they are expected to pay 14% of the rent themselves, if two or more spare bedrooms they are expected to pay 25% themselves. So, for example, if they have 2 spare bedrooms they would be allowed £450/month (against a rent of £600). This would bring the total maximum UC entitlement to £948.89. 63% of your mothers wages would be deducted from the entitlement so £650 would be deducted. This would leave an entitlement to a monthly UC payment of £298.89/month. It may therefore be worth them applying for Universal Credit (assuming that they are not currently receiving any benefits)

    The above assumes that it is just the two of them living in their home, have no other income and no savings over £6000.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • tomtom256
    tomtom256 Posts: 2,236 Forumite
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    From the sound of it, your mother has applied for ESA or UC as is unable to work, however you state she is doing a 40 hour week, which would indicate she can work?

    PIP could help top up her income, but is based on how her disability affects her, UC could be claimed to help with rent and she could make a claim to Council Tax Reduction.

    You also state you father has ill health, would he be able to claim PIP?

    What they need to do is put in a claim for UC and then look at getting help from CAB/Welfare Rights to see what options they have.
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