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Help needed
- Marie22
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10 years 5 months ago #127248 by Marie22
Help needed was created by Marie22
Hi
I am really confused (& worried) about a number of things & I need some guidance. I am currently on DLA high care & mobility. I'm also in ESA support group & have been for over 3yrs. I got my renewal (ESA) last January, sent back & have heard nothing since.
Unfortunately my husband was made redundant (after working for 25yrs) 7mths ago. He got contributory unemployment for 6mths & now that has stopped. He went to make a new claim & this is where we have come into difficulty. We have one child (over 18) at home who works 15hrs a week & one at university. When he worked we paid insurance for our mortgage which will cover it for another 5mths (if he's still out of work) That money does go into our bank account then straight out to out mortgage lender. He was told by staff at unemployment that that is considered as income. How ? We can't use that money. It pays the mortgage only & is not ours to do as we wish with.
He has filled in every form possible & still signs on. Today we got a call saying I should add him to my claim. Can he not make his own claim ? What difference will it make to add him to mine ? I hate even going anywhere near my claim so is it worth it ? What can we get from doing that ? We are completely lost in this. We have no savings (all gone) are really struggling & he hasn't had a penny for the last month. Can anyone help clear some of this up & explain to me what we are entitled to or what we should do. Many thanks.
I am really confused (& worried) about a number of things & I need some guidance. I am currently on DLA high care & mobility. I'm also in ESA support group & have been for over 3yrs. I got my renewal (ESA) last January, sent back & have heard nothing since.
Unfortunately my husband was made redundant (after working for 25yrs) 7mths ago. He got contributory unemployment for 6mths & now that has stopped. He went to make a new claim & this is where we have come into difficulty. We have one child (over 18) at home who works 15hrs a week & one at university. When he worked we paid insurance for our mortgage which will cover it for another 5mths (if he's still out of work) That money does go into our bank account then straight out to out mortgage lender. He was told by staff at unemployment that that is considered as income. How ? We can't use that money. It pays the mortgage only & is not ours to do as we wish with.
He has filled in every form possible & still signs on. Today we got a call saying I should add him to my claim. Can he not make his own claim ? What difference will it make to add him to mine ? I hate even going anywhere near my claim so is it worth it ? What can we get from doing that ? We are completely lost in this. We have no savings (all gone) are really struggling & he hasn't had a penny for the last month. Can anyone help clear some of this up & explain to me what we are entitled to or what we should do. Many thanks.
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10 years 5 months ago #127249 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help needed
Marie
Terribly sorry to hear that you are in this position.
I am afraid that we cannot help with your general finance questions, I would suggest that you contact your local CAB they will have staff who are used to dealing with these situations. They will also be able to advise you on the best course of action in regard to your benefits.
Your husband can only make his own claim for ESA if his GP is prepared to certify him as Unfit for Work and to continue to do so until a Decision is made on his claim. If he is eligible for Contribution Based ESA, then the money he receives will be separate from yours, if he is not then he will only be able to make a joint claim in his name with you added to it, until a Decision is made I would not expect it to result in more than about £5/week of extra income.
The rules for income for ESA(IR) are substantially the same as they are for JSA(IR), so if he has been refused JSA(IR) due to your mortgage insurance then it is unlikely that he will be eligible for any ESA(IR), but there are difference between the two so it is worth, checking to see whether a payment would be made.
With regard your husband joining your claim. In principle you husband can be added to your claim, this would result in you receiving a ESA(IR) top-up to your current ESA(CB) payments, the increase should be about £40/week, you husband would not need to search for work but will have to attend regular Work Focussed Interviews, I am not sure of the frequency, but it is unlikely to more than every six months.
Obviously the issue of eligibility for the top-up still applies, but again it worth checking eligibility
Gordon
Terribly sorry to hear that you are in this position.
I am afraid that we cannot help with your general finance questions, I would suggest that you contact your local CAB they will have staff who are used to dealing with these situations. They will also be able to advise you on the best course of action in regard to your benefits.
Your husband can only make his own claim for ESA if his GP is prepared to certify him as Unfit for Work and to continue to do so until a Decision is made on his claim. If he is eligible for Contribution Based ESA, then the money he receives will be separate from yours, if he is not then he will only be able to make a joint claim in his name with you added to it, until a Decision is made I would not expect it to result in more than about £5/week of extra income.
The rules for income for ESA(IR) are substantially the same as they are for JSA(IR), so if he has been refused JSA(IR) due to your mortgage insurance then it is unlikely that he will be eligible for any ESA(IR), but there are difference between the two so it is worth, checking to see whether a payment would be made.
With regard your husband joining your claim. In principle you husband can be added to your claim, this would result in you receiving a ESA(IR) top-up to your current ESA(CB) payments, the increase should be about £40/week, you husband would not need to search for work but will have to attend regular Work Focussed Interviews, I am not sure of the frequency, but it is unlikely to more than every six months.
Obviously the issue of eligibility for the top-up still applies, but again it worth checking eligibility
Gordon
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- Marie22
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10 years 5 months ago #127251 by Marie22
Replied by Marie22 on topic Help needed
Thank you for your reply
I probably haven't worded this very well. My husband isn't looking for ESA he is looking to claim unemployment as in he is actively looking for work. I don't know why he can't claim that & why after so many weeks they now say I should make a claim, I would prefer to leave my claim alone. It is all so confusing.
I probably haven't worded this very well. My husband isn't looking for ESA he is looking to claim unemployment as in he is actively looking for work. I don't know why he can't claim that & why after so many weeks they now say I should make a claim, I would prefer to leave my claim alone. It is all so confusing.
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- Gordon
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10 years 5 months ago #127254 by Gordon
If he is not ill then all that he can claim is Income Related JSA as he has already spent the allowed six months on Contribution Based JSA, however, from your first post he is ineligible for this due to the mortgage insurance payments you are receiving.
If he joins you on your ESA claim then the Personal Allowance will be increased to the couples rate through an ESA(IR) top-up, but your eligibility for this may also be affected by this Mortgage insurance, however, although similar there are differences between the ESA rules and the JSA ones, so it may still be possible to make the claim.
This sort of change of circumstances should not result in a re-assessment of your claim, but I cannot guarantee this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help needed
Marie22 wrote: Thank you for your reply
I probably haven't worded this very well. My husband isn't looking for ESA he is looking to claim unemployment as in he is actively looking for work. I don't know why he can't claim that & why after so many weeks they now say I should make a claim, I would prefer to leave my claim alone. It is all so confusing.
If he is not ill then all that he can claim is Income Related JSA as he has already spent the allowed six months on Contribution Based JSA, however, from your first post he is ineligible for this due to the mortgage insurance payments you are receiving.
If he joins you on your ESA claim then the Personal Allowance will be increased to the couples rate through an ESA(IR) top-up, but your eligibility for this may also be affected by this Mortgage insurance, however, although similar there are differences between the ESA rules and the JSA ones, so it may still be possible to make the claim.
This sort of change of circumstances should not result in a re-assessment of your claim, but I cannot guarantee this.
Gordon
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- Marie22
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10 years 5 months ago - 10 years 5 months ago #127261 by Marie22
Replied by Marie22 on topic Help needed
I just can't understand why our mortgage protection insurance is classed as income. We paid dearly for this thinking we were doing the right thing. We can't spend it on anything as it goes straight to the building society, if we took it for food heating etc it would be fraud, we can't "spend" it.
I am wondering about carers allowance, would he be entitled to that, how does it work, how do you claim, how much is it & does it come into effect from date of applying,
Again, thanks for your help.
I am wondering about carers allowance, would he be entitled to that, how does it work, how do you claim, how much is it & does it come into effect from date of applying,
Again, thanks for your help.
Last edit: 10 years 5 months ago by Gordon.
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10 years 5 months ago #127270 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help needed
Marie
The deductions for JSA are covered in the following, paragraph 28230 onwards
www.gov.uk/government/uploads/system/upl...e/373184/dmgch28.pdf
Your husband can claim Carers Allowance as you are receiving DLA HRC, it's about £60/week, if you can provide proof that he was caring for you for 35hrs/week (if asked), you can backdate the claim by up to 3 months.
It would be worth your getting a benefits check from a qualified welfare advisor as there may be multiple options that would provide you with more money than you are currently receiving. Also, when you mortgage insurance runs out you may be able to claim interest relief providing that you are receiving an Income Related benefit such as ESA(IR) or Income Support.
It's beyond our ability on the forum to calculate these permutations but you can do an internet search for "welfare advice" with your postcode, town or county.
Gordon
The deductions for JSA are covered in the following, paragraph 28230 onwards
www.gov.uk/government/uploads/system/upl...e/373184/dmgch28.pdf
Your husband can claim Carers Allowance as you are receiving DLA HRC, it's about £60/week, if you can provide proof that he was caring for you for 35hrs/week (if asked), you can backdate the claim by up to 3 months.
It would be worth your getting a benefits check from a qualified welfare advisor as there may be multiple options that would provide you with more money than you are currently receiving. Also, when you mortgage insurance runs out you may be able to claim interest relief providing that you are receiving an Income Related benefit such as ESA(IR) or Income Support.
It's beyond our ability on the forum to calculate these permutations but you can do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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