Carers Allowance & EMA

[orfoster]

Hi everyone,

A friend of mines mum is on DLA mobility high and care middle (I think I have it the right way round).

They are trying to get more support. The lady falls 3 or 4 times a day, she isn't very old and is bed bound (she suffers from something called Superior Vena Cava Syndrome) which causes swelling in her head and causes inbalance.

So I help him apply for EMA. Because his mum is on DLA they needed to know the details and the dad is on 28,500 in the last year. They have assessed the claim and come back with a household income of £32,500 so he can't get EMA at all? I didn't think they would take his mums DLA into account as that is solely for her living, she isn't on Income Support.

Then we applied for Carers Allowance as the whole family between them provide 24/7 care for her. She falls around 3 or 4 times a day and can't get downstairs for meals etc, they asked if he goes to college which he does and is in lessons for 19 hours a week. However the family and him provide more than 35 hours a week caring for her and they have declined the claim for Carers Allowance because he is in full time education, thats so stupid as he, his brother and father all provide care for the lady.

I've even set them up a care plan to show the level of care they provide for her. Does anyone have any suggestions what else I can do? Obviously I need to appeal the decision on both the EMA and the Carers Allowance but I wonder if anyone has any advice on this.

Thanks

[Joa]

I can look into this more in depth but quick few points: mum's DLA would not be taken into accout as an income but pretty much everything else would: tax credits, child benefit etc.
Full time education and earning more than £95 a week (net) exclude eligibility for CA.
Did you see BBC - Radio 4 You and Yours - Care in the UK - Home ?

[orfoster]

Hi,

Sorry for my delay in responding to the thread.

I have sent a letter to the EMA assessment body, they have sent a response saying that they took into account the mums Incapacity Benefit?? You are right that they didn't take into account DLA, I think the family have been getting confused on what benefits she is getting and the differences between them.

So they can take Incapacity benefit into account when assessing EMA although its a benefit built around someones sickness?

Also they took the husbands earnings into account before tax?!! Thats terrible. Is that correct?

[Joa]

Incapacity Benefit is an "earning replacement" benefit so it would be taken into consideration.
There is more about CA here: Carers UK : Rules
It exaplains that :To receive Carer's Allowance, you must not earn more than £95 a week. Some deductions can be made from your gross wage when deciding whether you earn less than the limit.
You are allowed to take the following off your wage:

* Income Tax
* National Insurance
* Half your pension contributions

So that's for CA; as for EMA I will try to find out whether gross or net inco should have been taken into consideration.

[poppynurse]

I know from experience hat EMA takes gross pay