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ESA REJECTED DUE TO APPLICABLE AMOUNT! Please help

  • QueenyV
  • Topic Author
12 years 10 months ago #56620 by QueenyV
Hi guys

I have a question about ESA and their 'applicable amount' calculations.

My friend is disabled and is in receipt of DLA middle rate care and high rate mobility. She can't work due to her disability.

She has a 5 year old daughter and a partner who has had to reduce his work hours to part time (20 hours a week) to look after her and get the child to school etc.

I suggested she make a claim for ESA which I helped fill out the forms for with the help of this websites guides.

After a long wait they have told her (over the phone) that she is not entitled to anything because her partners earnings are more than their applicable amount. They told her that her AA is £120 a week, they said that's what the government say they need to live on. He earns £126 a week.

I have googled to try and find out how they work out their AA and have found a few councils websites that tell you the AA's and also the premiums and it (by my workings out) should be way more?

Can anyone shed some light on this? Can anyone tell me if the ESA are right about this and if not how much should their applicable amount be?

Thanks so much x

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12 years 10 months ago #56624 by Gordon
Ok, it sounds like your has attempted to claim Income Related ESA.

ESA(IR) is claimed as a couple, which is why the husbands earnings have been included. According to DirectGov the couples allowance is now £105.95, they don't get anything for the child as this has to claimed as tax credits.

You are not normally entitled if one of you works more than 16 hours a week, and obviously if you earn more than the allowance you would not be eligible.

There may be other benefits that they can claim, Housing Benefits and Council Tax assistance, because of low income, so thet need to get proper face to face advice, either the CAB or Welfare Rights should be able to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • QueenyV
  • Topic Author
12 years 10 months ago #56626 by QueenyV
Right I see, what about the disability premium? Family premium? Is this not included?

Thanks for your reply x

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12 years 10 months ago - 12 years 10 months ago #56629 by Gordon
QueenyV wrote:

Right I see, what about the disability premium? Family premium? Is this not included?

Thanks for your reply x

These benefits are enabled by other underlying benefits, but I dont think either of these are enabled by ESA, infact I reasonably certain that the disability premium cannot be claimed at the same time as ESA, but don't quote me on that.

That is why they need to see an advisor, who can sit down with them, go through their finances, and look at what they are entitled to.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 10 months ago by Gordon.

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