- Posts: 1
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Benefits cap: what does it actually mean when you are not effected? Please help!
× Members
Benefits cap: what does it actually mean when you are not effected? Please help!
- suzanneparadine
- Topic Author
- Offline
Less More
2 years 4 months ago #273573 by suzanneparadine
Benefits cap: what does it actually mean when you are not effected? Please help! was created by suzanneparadine
Good Morning
I would be really grateful if anyone has had experience of this or can help.
I recently had to give up work due to increasing ill heath.
I already claim PIP at standard rate for care, higher for mobility. My husband claims carer allowence for me.
I qualify for new employment support allowence and have recently submitted a work capacity assessment. My husband hasn't worked for ten years because of health concerns . I have also applied for Universal Credit as a couple and my husband has completed a work capacity assessment . I appreciated that we have to wait until after the work capacity assessments have been assessed regarding any disability support payments connected with these two benefits.
According to the current Government information , I should be exempt from the benefits cap for 9 months because I have been working and had to give up work permenantly . Also if I am found to be in the support group for both NESA and UC this will apply.
My question is, what does this actually mean? Does it mean I can claim both NESA and UC for my husband and I without any deductions? At the moment I receive no UC as I am told this is reduce to 0 because of the ESA payment of just under the £400.
I have queried asked for a full explanation of what exemption from the benefit cap actually means in relation to amounts you claim via my journal and at UC meetings but no one appears to have the answer to this question.
Many thanks for your help
Suz
I would be really grateful if anyone has had experience of this or can help.
I recently had to give up work due to increasing ill heath.
I already claim PIP at standard rate for care, higher for mobility. My husband claims carer allowence for me.
I qualify for new employment support allowence and have recently submitted a work capacity assessment. My husband hasn't worked for ten years because of health concerns . I have also applied for Universal Credit as a couple and my husband has completed a work capacity assessment . I appreciated that we have to wait until after the work capacity assessments have been assessed regarding any disability support payments connected with these two benefits.
According to the current Government information , I should be exempt from the benefits cap for 9 months because I have been working and had to give up work permenantly . Also if I am found to be in the support group for both NESA and UC this will apply.
My question is, what does this actually mean? Does it mean I can claim both NESA and UC for my husband and I without any deductions? At the moment I receive no UC as I am told this is reduce to 0 because of the ESA payment of just under the £400.
I have queried asked for a full explanation of what exemption from the benefit cap actually means in relation to amounts you claim via my journal and at UC meetings but no one appears to have the answer to this question.
Many thanks for your help
Suz
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8227
2 years 4 months ago #273609 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Benefits cap: what does it actually mean when you are not effected? Please help!
Hi Suzanne
Welcome to the forum. Please go into your records and change your forum name. At the moment your full name is showing and this is open for anyone to see on the internet. Follow the link on how to do this benefitsandwork.co.uk/guides-for-claimants/faq/forum
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
The short answer to your question is, as you are in receipt of PIP then your are exempt from the benefit cap.
New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.
The Income Related benefit that goes with NS ESA is Universal Credit.
You can receive both NS ESA and UC, as UC is a means tested benefit, what ever amount you receive for NS ESA will be deducted from UC £ for £.
I would advise you to seek help from your local Welfare Rights Organisation who can take all your circumstances into consideration when giving you advice, you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Welcome to the forum. Please go into your records and change your forum name. At the moment your full name is showing and this is open for anyone to see on the internet. Follow the link on how to do this benefitsandwork.co.uk/guides-for-claimants/faq/forum
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
The short answer to your question is, as you are in receipt of PIP then your are exempt from the benefit cap.
New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.
The Income Related benefit that goes with NS ESA is Universal Credit.
You can receive both NS ESA and UC, as UC is a means tested benefit, what ever amount you receive for NS ESA will be deducted from UC £ for £.
I would advise you to seek help from your local Welfare Rights Organisation who can take all your circumstances into consideration when giving you advice, you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David