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TOPIC: Help please 24hr work rule

Help please 24hr work rule 6 years 1 month ago #71962

Hi!
Gordon posted this info.

Your partner will not be classed as being in remunerative work if he or she is-
- mentally or physically disabled and has reduced earnings or works reduced hours as a result of that disability
- involved in a trade dispute
- regularly and substantially caring for someone who is in receipt of Attendance Allowance or the highest or middle rate of the care component of Disability Living Allowance.
- in receipt of Carers Allowance
- living in a care home, an Abbeyfield home or an independent hospital and requires personal care

Does this mean that if you are getting any of the above your partners income will not be included for means testing your imcome.
Or have i got the wrong end of the stick; i phoned DH/Line and they had not heard of this?
Thanks in advance for any responce.

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Re:Help please 24hr work rule 6 years 1 month ago #71966

  • paula
Where did Gordon get this? My husband is my main carer and I am in reciept of high rate care dla. He works a 45 hour week, so under this they would not count his income? I bet they will. :(

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Re:Help please 24hr work rule 6 years 1 month ago #71969

  • pete17971
matchseller wrote:

Hi!
Gordon posted this info.

Your partner will not be classed as being in remunerative work if he or she is-
- mentally or physically disabled and has reduced earnings or works reduced hours as a result of that disability
- involved in a trade dispute
- regularly and substantially caring for someone who is in receipt of Attendance Allowance or the highest or middle rate of the care component of Disability Living Allowance.
- in receipt of Carers Allowance
- living in a care home, an Abbeyfield home or an independent hospital and requires personal care

Does this mean that if you are getting any of the above your partners income will not be included for means testing your imcome.
Or have i got the wrong end of the stick; i phoned DH/Line and they had not heard of this?
Thanks in advance for any responce.



What you have quoted are the 'standard' 'qualifications' related to claiming the Income Related form of ESA (they are pretty much the same as previously under the Income Support rules)They are from from this page:

www.benefitsandwork.co.uk/forum?func=vie...444&limit=6&start=12

It does depend in what context and what benefits one (or both) are claiming how the quoted scenarios work in practice. Hence as it is such a complex area, we generally are not in a position to help with income related (means tested) benefits on the forum.

Pete

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Last Edit: by pete17971. Reason: add link

Re:Help please 24hr work rule 6 years 1 month ago #71971

  • Tonibee
I'm not sure what benefit the quoted passage relates to - only some of those listed specifics appear in the relevant legislation for ESA.

However, in the context of the question (will partners income be ignored?) the answer is 'no' - regardless of what income-related benefit this refers to.

For income support, income-based jobseekers allowance and income-related ESA, the general rule is that if there is a partner who does paid work for 24 or more hours a week the claimaint is not entitled to the benefit.

The quoted qualifications modify the rule so that partners who work in excess of 24 hours and who meet the listed criteria are treated as though they are not in work.

It does not mean that the income they get from this work is ignored and, subject to the income disregards in the rules, the earnings will, or could, still effect entitlement to, or the amount of, benefit.

@Paula. This does not affect DLA which is not means tested. But your husbands work means you won't qualify for those income-related benefits I've mentioned.

Partners earnings do not affect a claimant's entitlement to carer's allowance.

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Re:Help please 24hr work rule 6 years 1 month ago #72029

paula wrote:

Where did Gordon get this? My husband is my main carer and I am in reciept of high rate care dla. He works a 45 hour week, so under this they would not count his income? I bet they will. :(

The content was taken from the Decision Makers guide, there is a link at the bottom of the article. See 24 hour work rule for ESA(IR)

As with any restriction/allowance, only a DM can actually decide whether you meet the criteria or not.

Gordon

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