Income Support Refused DESPITE what the Calculators say...

trjp

I've been trying to help some friends of mine claim Income Support for a while now but it seems the DWP just aren't listening.

If someone could look over the details here and offer any advice I'd apprec. it.

Couple living together - house (worth £80k) mortgaged for £22K interest-only in 1998.

One partner has been in Incapacity Benefit for over 5 years - receives around £102 a week. Also does Permitted Work for around £44 (8 hours min. wage).

Other partner recently lost job - no income whatsoever.

Total income therefore <£150/week.

Applied for Income Support/Mortgage Support/Council Tax Benefit. 100% CT Benefit was granted inside 2 weeks. 10 weeks, several payslips photocopied and posted - several forms filled - about 15 phonecalls and their Income Support/Mortgage Support claim has been denied.

According to the 'entitledto' calculator they should be getting help with their Mortgage and a little extra??

What worries me is that (from what I gather as the DWP won't speak to me obv.) the DWP seemed to think it was originally a solo claim from the Incap. Benefit claimer - and then, when this was pointed out, said that the threshold for 2 people living together's income was £90-odd.

I know for a categoric fact it was £118 about 5 years ago - why it would have dropped I've no idea??

Can anyone offer advice as to whether people in this situation would at least get help with their mortgage - how to appeal the decision - esp given that it seems the DWP can't read their own forms?

Thx

dmg24

Is the partner not claiming JSA?

trjp

Had had a near-indentical situation about 3-4 years ago when one of them lost their job - at the time they were advised to make a joint I/S claim and it was granted and their mortgage was paid-for at that time - so they assumed the same system would apply.

The previously working partner only worked part-time and has no NI Contribs in the last 5 years - hence it would be means-tested JSA anyway??? (this isn't something I know too much about obv.)

dmg24

trjp wrote: »

The partner lost his job about 3-4 years ago in similar circumstances - at the time they were advised to make a joint I/S claim and it was granted and their mortgage was paid-for at that time - so they assumed the same system would apply.

The partner only worked part-time and has no NI Contribs in the last 5 years - hence it would be means-tested JSA anyway??? (this isn't something I know too much about obv.)

Why did they stop their original IS claim, and when did it end? Were both on them on IB at the time?

The fit partner would be able to claim income based JSA, albeit not the full amount.

dmg24

Does the incapacitated person receive DLA, and if so, at what rate?

trjp

Their original I/S claim only lasted about 6-8 months then one partner went back to part-time work and they returned to paying their own mortgage.

Only 1 partner has ever claimed Incapacity Benefit - and has done constantly since about 2000 I think (this predates me knowing them - hence I can't be too sure).

No DLA - no other benefits at all that I'm aware of.

p.s. By my calculations they should be entitled to some help - I genuinely think the problem is that the 10 weeks (no really TEN weeks) the DWP have been faffing about, losing paperwork and not bothering to request replacements has just messed-up their claim.

Ten weeks is also long enough for the final demands for arrears on their mortgage to start appearing tho!

Neither of them seems able to get this across when they call - he will just lose his temper and start threatening to harm people (not generally advisable!) and she just gets upset - which is why I offered to help. Sadly - but not unpredictably - the DWP won't deal with me tho (stating all that privacy nonsense most people use to get out of doing their job!)

churchrat

hi
I have no knowledge of your particular situation, but do deal with dwp on behal of a family member. He always talks to the advisor on the phone, stating that I am his representative and will be talking for him, I then take the conversation. We have also written a letter giving me permission to speak on his behalf. No problems at all with me doing this, and they have been fairly helpful
goodluck

dmg24

The problem to me sounds like they are trying to claim the wrong benefit. The healthy person needs to claim income based JSA.

Were they advised by anyone at the DWP to claim IS? If not, they may have trouble getting the JSA backdated, so they need to claim as soon as possible.

They will still be eligible for ISMI when claiming income based JSA, but only after a 39 week waiting period.

trjp

I've just checked into the background for this - it seems the last time they made a claim the 'working' partner had been self-employed and his business had run out of cash. They called and someone was sent out - did the paperwork - and their claim was granted.

This time he was working part-time (paid cash in hand - so not entirely different really!) and they applied by phone - no-one was sent out and 10 weeks of faffing about ensued.

entitledto.co.uk suggests I/S rather than JSA - I think that was where they started off - that and the fact that the partner is more likely to go back to self-employment than seek 'a job'.

I'm not about to start writing letters to get permission to talk to these people - given they've lost at least 50% of things mailed to them already - so I guess these people are shafted for now then...

Ofc. if they had kids or didn't work at all I know someone would be CRAWLING to their door with money...

They haven't taken my suggestion of selling their house to a family member and then renting it (as they'd be entitled to housing benefit) seriously - yet...

dmg24

The HB idea would not work, as you cannot claim HB on a property that you have owned in the previous five (? can't remember how many) years.

entitledto says IS/ JSA, so it doesn't indicate either way.

I would advise the healthy partner to make an appointment to see someone in person at the Jobcentre, and get any information confirmed in writing.

trjp

I think the confusion with entitledto is that it gets the Incapacity Benefit wrong - it talks about £84.50 but they receive £102.odd - which when that's factored in (depending on how you enter it) changes what it suggests...

Anyway - 3 months of wasted time and effort - 3 months of mortgage arrears and no help from anyone other than me (and you lot - thanks!) - feels like the 1970s all over again

The selling the house thing wouldn't work anyway - they've been talking about moving for a while but it would windfall them at least £45k which means they'd be entitledto nothing anyway and they'd end-up spending that on rental which seems a little daft to me...


I'd still like to find out what the I/S threshold for a couple is tho - it cannot be the £90-odd they've been told, how that could keep 2 people and a mortgage (interest-only) in anything up from a small tent eating nuts and berries! - I've no idea