Can any one help 3 February 2021 at 1:39PM in Disability money matters 9 replies 534 views

kimp22

I claim dla for my son he current claim is lower rate mobility and middle rate care. I asked for a form for change in circumstances in November received the pack and sent it back for early December there deadline. I haven't heard anything since but they have put £290 in the bank this morning but I haven't got a letter yet.
What could this be and I have been told if my son gets higher rate care they take money off his claim if I claim carers allowance is this true. 

Thank you 
Sal

poppy12345

kimp22 said:

I claim dla for my son he current claim is lower rate mobility and middle rate care. I asked for a form for change in circumstances in November received the pack and sent it back for early December there deadline. I haven't heard anything since but they have put £290 in the bank this morning but I haven't got a letter yet.
What could this be and I have been told if my son gets higher rate care they take money off his claim if I claim carers allowance is this true. 

Thank you 
Sal

Often money goes into the bank before you receive a decision letter but to know for sure then you will of course need to ring DLA to ask, no one here can tell you what that decision maybe.

Carers Allowance is not deducted from any DLA amount. They are 2 completely different benefits. To claim carers allowance you must not earn more than £128 per week and he must have either a mid or high rate care award for DLA. It may affect any other benefits you may already be claiming, whether it will, will totally depend on what benefits exactly you're claiming.

https://www.gov.uk/carers-allowance

Edit to add i note from previous threads that you are claiming the old legacy benefits, is that ESA or Income Support? do you also claim tax credits?

chiku1992

I receive my PIP  both enhance rates, 
 and ESA EVERY two weeks £276.10 ( SUPPORT GROUP)
i married and live with my wife
my wife come to UK few years ago , my wife is a profoundly DEAF in both ear since Birth.
my wife is my FULL TIME CARER ,she look after me 7 days a week.
my wife has UK residence permit BUT she has no right to UK public funds, even she cant claim cares allowance due to her UK  immigration RULES, AND she cant claim any UK public funds.
BEFORE MARRIED I use to get my ESA   £397.60  every two weeks. now i get only £276.10 every two weeks
since i married and my wife come to live with me my ESA  HAS BEEN reduce from £397.60 to  £276.10 .
help me if i am getting my ESA correct or not 
can i claim any other benefits or not
thankyou

[Deleted User]

chiku1992 said:

I receive my PIP  both enhance rates, 
 and ESA EVERY two weeks £276.10 ( SUPPORT GROUP)
i married and live with my wife
my wife come to UK few years ago , my wife is a profoundly DEAF in both ear since Birth.
my wife is my FULL TIME CARER ,she look after me 7 days a week.
my wife has UK residence permit BUT she has no right to UK public funds, even she cant claim cares allowance due to her UK  immigration RULES, AND she cant claim any UK public funds.
BEFORE MARRIED I use to get my ESA   £397.60  every two weeks. now i get only £276.10 every two weeks
since i married and my wife come to live with me my ESA  HAS BEEN reduce from £397.60 to  £276.10 .
help me if i am getting my ESA correct or not 
can i claim any other benefits or not
thankyou

 You should have started your own thread!

 Yes its right, you lose your SDP now you are living with your wife. 

Looks like you are getting what you can. Are you getting housing benefit and council tax support? 

 You agreed to support your wife when sponsoring her visa. If you couldn't afford to it was daft dragging her here! 

poppy12345

chiku1992 said:

I receive my PIP  both enhance rates, 
 and ESA EVERY two weeks £276.10 ( SUPPORT GROUP)
i married and live with my wife
my wife come to UK few years ago , my wife is a profoundly DEAF in both ear since Birth.
my wife is my FULL TIME CARER ,she look after me 7 days a week.
my wife has UK residence permit BUT she has no right to UK public funds, even she cant claim cares allowance due to her UK  immigration RULES, AND she cant claim any UK public funds.
BEFORE MARRIED I use to get my ESA   £397.60  every two weeks. now i get only £276.10 every two weeks
since i married and my wife come to live with me my ESA  HAS BEEN reduce from £397.60 to  £276.10 .
help me if i am getting my ESA correct or not 
can i claim any other benefits or not
thankyou

Yes that's correct. Although your wife has no access to public funds, you still live together and to be eligble for the SDP you must live alone or be classed as living alone and you don't.

Although the amount that you're receiving every 2 weeks is not ESA Support Group single person claim, if it was then you would be receiving £261.30 every 2 weeks. I'm not sure why you're receiving that amount every 2 weeks.

I'd advise you to speak to an advice agency near you because if she's been here for a few years then she may now have access to public funds.

Muttleythefrog

Re: chiku1992 
Yes it sounds like you will have lost the Severe Disability Premium due to not living alone now. Normally in a situation like yours the partner might claim Carer's Allowance to effectively replace it... but as she has a NRPF condition she can't. When she is eligible to apply for Indefinite Leave to Remain (possibly after 5 years residence with leave to remain - check her route to ILR) I would advise you go to the expense of trying to get it... then she will be free of immigration control and able to claim public funds. You may well be better off triggering a claim for Universal Credit instead of continuing ESA... check.. and check again as there'd be no going back.

As above I cannot fully explain why you seem to be getting couple rate of Enhanced Disability Premium (which my late night maths seem to point to explaining the payments) - it isn't specifically stated that either disability premium is a public fund as far as I can tell but the NRPF condition also restricts your ability to have increased public funds (which I guess they may not consider EDP is) as a result of the presence of the person subject to the condition (which is why some people have fallen foul in unavoidable technical terms regarding Council Tax Support (public fund) when losing single person discount (non public fund))... and so perhaps it is a grey area... until recently I was in a similar situation to you and they paid for several years at single person rate. If examined then your situation could present a problem if down the line if not correct(ed) but later detected by UKVI during an immigration application (where you would be presumably supplying latest award letters for all benefit income) so I would be inclined to query it with the DWP.

(apologies to the Op - this advice should be in a separate thread)

poppy12345

Muttleythefrog said:

Re: chiku1992 


As above I cannot explain why you seem to be getting couple rate of Enhanced Disability Premium - it was treated as a public fund in my case.

The amount doesn't add up to couples rate with the EDP amount, if it was then they would be receiving £268.30. If the wife was added to the claim then they would be receiving £361 every 2 weeks so the amount of £276.10 makes no sense at all to me.

Muttleythefrog

poppy12345 said:

Muttleythefrog said:

Re: chiku1992 


As above I cannot explain why you seem to be getting couple rate of Enhanced Disability Premium - it was treated as a public fund in my case.

The amount doesn't add up to couples rate with the EDP amount, if it was then they would be receiving £268.30. If the wife was added to the claim then they would be receiving £361 every 2 weeks so the amount of £276.10 makes no sense at all to me.

ESA Single person Support group £113.55
EDP Couple rate  £24.50
(113.55+24.50) x2 = £276.10

"now i get only £276.10 every two weeks"

I can only conclude the DWP have treated the EDP as not a public fund. I cannot find it specifically listed as one (might come down to whether it is considered a component of IR-ESA?)... but they treated it as one in my ESA claim... paid £261.30 until I switched to U/C. (Perhaps the DWP owe me for 5 years short payment...lol)

poppy12345

Muttleythefrog said:

poppy12345 said:

Muttleythefrog said:

Re: chiku1992 


As above I cannot explain why you seem to be getting couple rate of Enhanced Disability Premium - it was treated as a public fund in my case.

The amount doesn't add up to couples rate with the EDP amount, if it was then they would be receiving £268.30. If the wife was added to the claim then they would be receiving £361 every 2 weeks so the amount of £276.10 makes no sense at all to me.

ESA Single person Support group £113.55
EDP Couple rate  £24.50
(113.55+24.50) x2 = £276.10

"now i get only £276.10 every two weeks"

I can only conclude the DWP have treated the EDP as not a public fund. I cannot find it specifically listed as one (might come down to whether it is considered a component of IR-ESA?)... but they treated it as one in my ESA claim... paid £261.30 until I switched to U/C. (Perhaps the DWP owe me for 5 years short payment...lol)

Ah thanks for that, for some reason i just didn't get that figure. It makes no sense why they're claiming couples EDP because it's public funds, why pay that when the ESA claim without that is a single person claim. They do need to contact DWP regarding this though. This is just 1 reason of many why a new thread should have been started here. Thanks for you help too

Muttleythefrog

Have been trying to establish whether disability premiums, particularly Enhanced, considered public fund. Turntous does state in link https://www.turn2us.org.uk/Benefit-guides/Nationals-of-non-European-Economic-Area-(EEA)-coun/My-partner-is-a-person-subject-to-immigration-cont that 

Income Support; Income-based Jobseekers Allowance and Income-related Employment and Support Allowance

If your partner is subject to immigration control you can claim these benefits as a couple.  However you are normally only paid a personal allowance at the single rate.  If you qualify for premiums, these are paid at the couple rate.  Your partner’s work, income and capital affect your entitlement to these benefits.

Note: If your partner’s leave is subject to  a no recourse to public funds condition, claiming a couple rate of a premium for her/ him could be regarded as having recourse to public funds, and could affect her/his right to remain in the UK.  Therefore get specialist immigration advice before making a claim.

I can find no other verification of the bold in terms of whether it is correct but it may be that the DWP is inconsistently applying the no recourse condition as for several years I definitely received only single rate and the above poster is clearly getting couple rate in what appears comparable scenario. I might revisit the thread in 3 months or so when I expect I will query with the DWP why historically I was not paid couple rate and whether they should backdate 5 years (difference - single vs double) of it having failed to pay it when I was getting I-R ESA. The reason I will delay is because wife is in a long wait for Indefinite Leave and I don't want any rulings before decision on that first.

Unfortunately this is just another example of how benefit rules and immigration rules are disjoined/incompatible/hard to avoid breaching or seemingly unclear and irregularly applied.

ETA: I asked for a ruling by DWP in our case - they duly backdated payment. Their letter gave no information other than they were sending me money (which they did) but indicates they consider EDP should be paid at couples rate on the ESA claim where a partner has No Recourse to Public Funds condition.