supported self-employment - esa & dla

I have a relative who suffers from paranoid schizophrenia. He has monthly depot injections which are administered by a psychiatric nurse and sees a psychiatrist once a year for review. At some stage, he will be migrated from incapacity benefit.

When anyone talks to my relative, he says he can do more than he actually does. In practice, the family variously supervises, instructs, aids in so many ways. My relative goes along to the local mental health team on his own and signs whatever is put in front of him without question whether it is right or wrong. He is naieve and unworldly.

I have seen an occasional care plan and to read it, ayone would think there is nothing wrong with him. Because of illness within the family, no one is well enough to challenge assumptions which are clearly being made by the mental health team.

I, tried to use a mental health advocate in respect of my own mental health problems with respect to the local mental health team and she was late and did not speak up for me. In the end, the psychiatrist was prepared to correct various mistakes in my medical report by e-mail.

I believe that if the psychiatrist is asked to prepare a report for esa on my relative's behalf, it will not support his limitations because of what I presume is in his file. (The psychiatrist told me that he had read my file when he prepared my report for esa as I had never met him before).

My relative will definitely not tolerate a tribunal hearing, he would rather not have any benefits.

As the test for esa is stricter than dla, we are thinking that he should consider giving up incapacity benefit. If he changes his circumstances to what I would call supported self-employment ( he would work with the help of a family member), he would have to inform the dwp in respect of his incapacity benefit and dla.

The intention would be to claim working tax credits but I believe that from April a claimant is deemed to be paid the minimum wage (my relative would not make a profit) so my relative will probably get nothing. He will be relying on the resources of the family to support him.

I believe that the change in circumstances, will trigger a review of his dla. (He has an indefinite award). Am I right in thinking that he will be assessed under pip criteria rather than dla criteria? I do not know what resources I should be reading? Any advice with regard to ib/esa/working tax credits/dla/ pip would be much appreciated.

dragon1 wrote: I have a relative who suffers from paranoid schizophrenia. He has monthly depot injections which are administered by a psychiatric nurse and sees a psychiatrist once a year for review. At some stage, he will be migrated from incapacity benefit.

When anyone talks to my relative, he says he can do more than he actually does. In practice, the family variously supervises, instructs, aids in so many ways. My relative goes along to the local mental health team on his own and signs whatever is put in front of him without question whether it is right or wrong. He is naieve and unworldly.

I have seen an occasional care plan and to read it, ayone would think there is nothing wrong with him. Because of illness within the family, no one is well enough to challenge assumptions which are clearly being made by the mental health team.

I, tried to use a mental health advocate in respect of my own mental health problems with respect to the local mental health team and she was late and did not speak up for me. In the end, the psychiatrist was prepared to correct various mistakes in my medical report by e-mail.

I believe that if the psychiatrist is asked to prepare a report for esa on my relative's behalf, it will not support his limitations because of what I presume is in his file. (The psychiatrist told me that he had read my file when he prepared my report for esa as I had never met him before).

My relative will definitely not tolerate a tribunal hearing, he would rather not have any benefits.

As the test for esa is stricter than dla, we are thinking that he should consider giving up incapacity benefit. If he changes his circumstances to what I would call supported self-employment ( he would work with the help of a family member), he would have to inform the dwp in respect of his incapacity benefit and dla.

The intention would be to claim working tax credits but I believe that from April a claimant is deemed to be paid the minimum wage (my relative would not make a profit) so my relative will probably get nothing. He will be relying on the resources of the family to support him.

I believe that the change in circumstances, will trigger a review of his dla. (He has an indefinite award). Am I right in thinking that he will be assessed under pip criteria rather than dla criteria? I do not know what resources I should be reading? Any advice with regard to ib/esa/working tax credits/dla/ pip would be much appreciated.

Hi d1,

I am afraid that we cannot advise what your releative should or shouldn't do with respect to the subject matter of your post.

He would need to seek face to face advice on which options were best for him/her, taking into account their own personal circumstances.

See : Where to get advice?

They do have Disability Employment Advisers, available through Job Centre Plus.

Neither, can we comment on whether such a change in circumstance, as you suggest would trigger a review of their DLA Award.

We have seen fit for work decisions, as a result of The ESA WCA triggering adverse reviews of DLA awards, and the DWP do share information and medical reports interdepartmentally.

With respect to being reassessed for PIP, as your relative seems to have an indefinate award, this paragraph :

"From October 2015 :

All remaining claimants in receipt of a DLA award will be invited to make a claim for PIP. DWP will randomly select those recipients of DLA in receipt of an indefinite award or a fixed term award and notify them about what they to do to claim PIP. They will prioritise recipients who have turned 65
after 8 April 2013, when PIP was first introduced."

From this post :

www.benefitsandwork.co.uk/forum?view=top...85481&start=18#97035

In our PIP thread in the Spotlights Area at the top of the forum, here :

www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=85481

Would be pertinent to your relative.

Of course all DLA recipients are open to review at any time after 12 months of a DLA Award under the : The Right Payment Programme

Further information on PIP can be found, here :

www.benefitsandwork.co.uk/help-for-claimants/dla/#pip

And here :

www.benefitsandwork.co.uk/personal-independence-payment-pip

Information on ESA can be found, here : ESA FAQ’s , here :

IB, IS, SDA, Migration to ESA FAQ’s

And here :

ESA Claims Guides

Please see also our : DLA Guides , and our : DLA FAQ’s

We do not advise on Working Tax Credits.

Hope this helps.

bro58

Thanks for your reply but I am afraid that in my panic stricken state, I am confused. I have found the CAB do not have enough expertise (they had never heard of exceptional circumstances when I approached them about my esa claim form!)
What I wish to know is, assuming the proposed change of my relative's circumstances which is likely to be in the next month triggers a review of his dla award, is he then reviewed under criteria for dla or does the change of circumstances trigger assessment under pip. I need to know whether I should read dla or pip resources on this website.

Thanks Gordon. I am clear in my mind now.