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Claim Income Support instead of pursuing a ESA Appeal
Have a client who is in receipt of DLA middle rate care and low rate mobility. Has a partner who claims carers allowance for looking after him, they also have a one year child. He is affected by Asbergers Syndrome and Agoraphobia, he was on ESA however he failed the medical and was therefore considered fit for work. He has tried to appeal the decision but the GL24 he had sent went astray and the DWP state that they have not received it. Could he decide not to pursue the ESA appeal route and have his partner claim Income Support for them both, as it appears that the monies would be very similar, and that it is very doubtful whether he would be able to engage appropriately with a ESA appeal.
If they could would the family be at any disadvantage in claiming IS.
Far better for him mentally if she claimed IS and CA as he would not be subject to constant assessment (I’m assuming he wouldn’t end up in the support group for this purpose).
Even if he were fortunate enough to end up in the support group it’s financially better to go down the IS route as the disability premium at the couple rate is higher than either of the ESA components.
He could still pursue the ESA appeal if he wanted but only for the closed period ending with the IS claim or he could abandon it if he wanted also.
Some points to consider:
As a partner on an IS claim, he may still have to attend a work-focused interview (new CPAG p1009).
By not maintaining a benefit claim, he’s not getting NI credits towards future benefit (for whatever that’s worth).
If a failed ESA assessment goes unchallenged, it might be more likely to be used against him in a subsequent DLA review?
(I’d still rather claim IS though)
[ Edited: 4 May 2011 at 02:18 am by Jon (CANY) ]....they also have a one year child….
....By not maintaining a benefit claim, he’s not getting NI credits towards future benefit (for whatever that’s worth).
Suppose the Child Benefit claim could be switched to him if it’s not already in his name in order for him to be credited with class 3 contributions from 6/4/11. Before 6/4/11 it would have been Home Responsibilities Protection. See CPAG 2011/12 at pages 750-51for more information including a further possible option of getting credits based on sharing responsibility for a child with a person who claims CB and with whom you reside. Latter might allow him to claim credits on strength of wife’s existing CB provided he shares care of child, but appears subject to wife’s income being greater than a threshold figure. Might be safer to simply switch CB claim to him as wife’s credits are protected via CA claim.
Thanks for all the feedback.
GR
Just for confirmation, although I think the above does confirm….....
Cl previously on IS as IOW - I havent yet confirmed if there was any ICB in this (I know that is going to be relevant), but supposing there is not - he failed the transfer to ESA and is claiming IBESA while the appeal is ongoing. He failed the WCA despite being on HC, HM DLA. Ptnr though can claim CA for looking after him and is doing this.
But, can she claim IS (better off £££ as DP greater than the SG on ESA, should he ever get this) and he continue with appeal and NI credits if he wins appeal? If there was ICB in his IS claim, and it is converted to CBESA, even if he does not go in to SG and the ESA runs out after 365 days, I think he can still be entitled to nil rate CBESA and get credits while ptnr is his carer on IS. But what if its pure IBESA?
Judging by the above posts, the IBESA would need to be given up (and hence the appeal and poss NI) for her to claim IS, I think?
Any thoughts appreciated