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Need advice re: income related ESA claim..

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Interuppted
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10 years 6 months ago #125956 by Interuppted

Need advice re: income related ESA claim.. was created by Interuppted

Hi,

I already claim Contribution Based ESA and I'm in the support group. I also get DLA high rate care and mobility.

DWP sent me a letter with a new form suggesting I claim Inome related ESA. This in the main is fine as we have no assets savings etc. I get an occupational pension but it's not a lot.

However, my partner manages his own company and because he cares for me a lot only works around 25-28 hours a week and pays himself minimum wage.

I'm concerned about the 24 hour rule.

I read the info thats on here regarding the rule and is it right that because I get high rate care his work may be disregarded?

Thanks for your help..

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Gordon
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10 years 6 months ago #125961 by Gordon

Replied by Gordon on topic Need advice re: income related ESA claim..

Interuppted

Any claim for ESA(IR) will be as a top-up to your ESA(CB) which will remain in payment.

Substantial care is usually taken to mean that the person is in receipt of Carers Allowance or the Carers Credit, which I suspect your partner is not, but you have nothing to lose by completing the ESA3 they have sent you. Your difficulty may be in providing evidence that your partner is providing the care, I am afraid I not sure what they will be looking for, it may be as simple as a declaration however it may be more complicated, your best bet is to ask the DWP.

Gordon

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Interuppted
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10 years 6 months ago #125967 by Interuppted

Replied by Interuppted on topic Need advice re: income related ESA claim..

Ah, thanks Gordon.

I've misunderstood what I've read. I thought that because I receive high rate care DLA that his work would be disregarded even though he doesn't claim CA.

Still as you say, no harm in trying..

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Gordon
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10 years 6 months ago #125970 by Gordon

Replied by Gordon on topic Need advice re: income related ESA claim..

Interuppted wrote: Ah, thanks Gordon.

I've misunderstood what I've read. I thought that because I receive high rate care DLA that his work would be disregarded even though he doesn't claim CA.

Still as you say, no harm in trying..

No, I am afraid the disregard is for the person giving care to a someone receiving DLA. PIP or AA care, not for the award itself.

Gordon

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

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