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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA for an EEA couple, one working, one not

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Sue123
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EEA Family Support, Children's Centre Calderdale

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Hi
could I please ask a question.
I am working with a Slovak couple who have 3 children, one is disabled, the child gets DLA and mother gets CA.
Dad works probably around 24 hours, maybe more. He’s been working for over 5 years. Mum never worked in the UK.
Children in education.
Dad would like to stop working as he is being treated badly at work but obviously they think it’s better to be employed than not. However dad would like to know if they can claim ESA or any other benefit if he stops working. He works nights and is too tired and it’s not an easy job so his health is starting to suffer, although he is not ill.

Is there any way they can go on benefits?
I wasn’t sure what would be the best advice.

If anyone could help, I would really appreciate it.

thank you

Paul_Treloar_AgeUK
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Doubtful he would qualify for ESA simply because he’s feeling a bit peaky as it were.

However, I can’t see what’s to stop mum making a claim for Income Support (IS) as someone receiving Carer’s Allowance looking after child iro DLA if/when dad stops working. Receipt of IS would depend on DLA award continuing to be paid.

Could also look at Housing Benefit claim if renting and Council Tax Support as well.

Sue123
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Paul_Treloar_AgeUK - 20 October 2016 04:39 PM

Doubtful he would qualify for ESA simply because he’s feeling a bit peaky as it were.

However, I can’t see what’s to stop mum making a claim for Income Support (IS) as someone receiving Carer’s Allowance looking after child iro DLA if/when dad stops working. Receipt of IS would depend on DLA award continuing to be paid.

Could also look at Housing Benefit claim if renting and Council Tax Support as well.

I thought income support is for single parents only - I always get confused with income support. How come they can make a claim for IS?

thank you

Paul_Treloar_AgeUK
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If you have a copy of the Disability Rights Handbook, see p.135.

You’re correct that lone parents with children up to 5 can claim IS, but for caring, the condition for the IS claimant is that they are “responsible for regularly and substantially engaged in caring for another person” and they receive Carer’s Allowance and/or the person they are caring for gets a qualifying benefit (which includes DLA). That’s it.

Paul_Treloar_AgeUK
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One other thing struck me Zuzana, which is to make sure that your client’s 5-year+ work history was properlyauthorised as he is Slovakian and thus subject to the A8-worker authorisation scheme -  if this is fine, then he’s established a permanent right to reside.

Sue123
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Paul_Treloar_AgeUK - 21 October 2016 11:27 AM

One other thing struck me Zuzana, which is to make sure that your client’s 5-year+ work history was properlyauthorised as he is Slovakian and thus subject to the A8-worker authorisation scheme -  if this is fine, then he’s established a permanent right to reside.

Hi thank you
I think he started working 8 years ago, however even if he counts the last years (2011 - 2016) he didn’t have to get Worker Registration Certificate for this period. I think they will be ok with that.

For IS if mum made a claim - does dad then have to stop working? I assume that would be the case? Or can dad work limited hours?

I don’t have the book you mentioned.

thank you

Paul_Treloar_AgeUK
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Claimant of IS must be working less than 16 hours a week.

Partner of IS claimant must be working less than 24 hours a week.

Any earnings from work will be deducted from IS award, less whatever earnings disregard applies.

You should really think about asking your manager to buy a Disability Rights Handbook or CPAG Welfare Benefits Handbook, with the amount of benefits enquiries you have to deal with, you’d find them really hel;pful I think.

Sue123
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Paul_Treloar_AgeUK - 21 October 2016 02:12 PM

Claimant of IS must be working less than 16 hours a week.

Partner of IS claimant must be working less than 24 hours a week.

Any earnings from work will be deducted from IS award, less whatever earnings disregard applies.

You should really think about asking your manager to buy a Disability Rights Handbook or CPAG Welfare Benefits Handbook, with the amount of benefits enquiries you have to deal with, you’d find them really hel;pful I think.

Yeah I did manage to persuade them to get the CPAG welfare benefits handbook a year ago, but they will not pay for any more now. I also have the handbook for migrants.

With all the funding cuts, we are not allowed to purchase anything anymore so I have to ask on here.
:(

Paul_Treloar_AgeUK
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Zuzana - 21 October 2016 02:15 PM

Yeah I did manage to persuade them to get the CPAG welfare benefits handbook a year ago, but they will not pay for any more now. I also have the handbook for migrants.

With all the funding cuts, we are not allowed to purchase anything anymore so I have to ask on here.
:(

Sorry to hear that Zuzana, must make your life much more difficult. Best of luck with resolving this one :-)

Sue123
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Paul_Treloar_AgeUK - 21 October 2016 02:20 PM
Zuzana - 21 October 2016 02:15 PM

Yeah I did manage to persuade them to get the CPAG welfare benefits handbook a year ago, but they will not pay for any more now. I also have the handbook for migrants.

With all the funding cuts, we are not allowed to purchase anything anymore so I have to ask on here.
:(

Sorry to hear that Zuzana, must make your life much more difficult. Best of luck with resolving this one :-)

thank you!

1964
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Zuzana, might it be worth showing your line manager this thread?

Honestly, if you’re being asked to provide benefit advice (especially in relation to a complex area such as right to reside) it really is vitally important to have up to date reference materials (I’d say the current CPAG handbook is essential). You’re doing your best under impossible circumstances but it might be worth stressing to your manager/s that if you inadvertently give someone incorrect/out of date advice it could well be far more expensive for everyone.

Sue123
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1964 - 21 October 2016 02:53 PM

Zuzana, might it be worth showing your line manager this thread?

Honestly, if you’re being asked to provide benefit advice (especially in relation to a complex area such as right to reside) it really is vitally important to have up to date reference materials (I’d say the current CPAG handbook is essential). You’re doing your best under impossible circumstances but it might be worth stressing to your manager/s that if you inadvertently give someone incorrect/out of date advice it could well be far more expensive for everyone.

I have attended Right to Reside training organized by CPAG.
I do a lot of research myself and obviously ask on here all you very knowledgeable people.
I love helping people with benefits, it fascinates me and I love doing my own research.

We also have CAB adviser here once a week so I can speak to him.

I will raise this at a meeting - however I hope it’s ok to still ask on here?
thank you

Paul_Treloar_AgeUK
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Zuzana - 21 October 2016 03:01 PM

I will raise this at a meeting - however I hope it’s ok to still ask on here?
thank you

No worries at all about asking anything, it’s what the forum is all about as far as I’m concerned. It’s like 1964 said though, they really are vital tools to do our job well.

Even when you do have the books, you will inevitably need to ask other people for opinions and views or thoughts on possible solutions. Like you say, it’s what keeps the job interesting.

1964
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Absolutely Zuzana. Please don’t think I meant you can’t come on here whenever you feel the need. We have gallons of up to date reference material but I still need my fellow Righstnetians.

I just don’t think it’s fair on you to not allow you access to the materials you need. They may just not understand how vital it is (and how quickly things change) which is why I thought you showing them this thread might help.

shawn mach
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Keep on keeping on Zuzana ... I can only echo Paul and 1964’s messages ... we love that you found rightsnet and are asking questions here.

We also love the CPAG handbook, and hopefully, armed with that and the support you can get here, you’ll continue to do great stuff.

(Hope you’re already having a great weekend and don’t see this until Monday!!)

Cheers - Shawn

past caring
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What the others have said.

But also to add…...one of the skills I think is vital to the job and doing it well is learning/knowing how to find an answer yourself. It is fine to ask on here and everyone is happy to help. However, my own view is that you don’t learn as much when someone gives you the answer as when you research it yourself (still often worth checking your conclusions on places such as this).

But you can’t research it yourself without the source materials that allow you to do so. The CPAG handbook is essential.