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Help! What is the amount the law says you need to live on?

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We are a couple and I am over 60 and claiming ESA and DLA. My spouse works full time. In May 2009 we were awarded housing and council tax benefits but I am having difficulty understanding the calculations.

 

Net earnings are £244.35

Unearned income is £69.36. No savings or other income.

The total amount of income disregarded under the Regs is £36.05.

a)On the same sheet they have total earnings not counted as £127.65. can any one explain this?

b)Total income used in calculation is £268.80.

c)Personal allowance is £94.95 which does not seem right for a couple.

d)Disability premium is £36.85

e)Total applicable amount £131.80

f)Difference between applicable amount and net income £137.00

g)Excess income is (b-e) = £137

h)Weekly eligible rent £69.31

 

Less 65% of excess income £89.05

Weekly housing benefit awarded £0.00

 

The above calculation does not seem right for a couple in our circumstances.

 

I started a temproary job on 24/06/09 finishing on 16/10/2009. We were off benefits during that period and then re-applied. The latest assessment is different in the way it is calculated. We have no faith in this agency as it appears that they cannot calculate benefits correctly and we have had five different assessments in the space of a year although our income has not changed much except that I now get £5.06 per week pension.

 

Hopefully there is someone who is familar with benefit calculations that can advise as I need to challenge them on the calculations. I want to have all the facts before facing up to them. There is another thread on thsi forum but without the calculations.

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It doesn't look right on the face of it to me (the applicable amount looks too low and I don't understand the income disregards), but it's a complicated situation where one partner is in work, and one is over 60 getting ESA. I hope you haven't fallen foul of a strange ESA rule that's been brought in.

 

I will try and do a full calculation tomorrow ehen I have access to some books but can you post how much your ESA and DLA are?


Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Thanks Zamzara. ESA is £64.30 and DLA is £384.80

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The applicable amount should be £198.45 giving you around £16 a week housing benefit. I don't know where their disregard figures come from but some of that is disregarded DLA and some is earnings disregard, but the amounts don't seem exactly right.


Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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We suspected as much and have now arranged a meeting next Monday with a person who helps people on benefits and understands the system. thanks very much for your inoput , it is appreciated.

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Make sure you lodge some kind of dispute within one month, so as not to lose out on the arrears.


Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Unfortunately this dates back to May this year and again in October when I reapplied. The problem in May is that due to another mistake by the same department they left us with £597 rent arrears which is why I am keen to claim back on what is an official mistake of underpaying. This only came to light when investigating my current claim. All we are looking for is fair play and not excessive benefits.

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You can request a revision due to official error with no time limit, but the problem is if they refuse there is no right of appeal out of time.

 

If you are getting some housing benefit there is a possible way round this, but if not, and they refuse to revise and pay the arrears, you may be limited to making a new claim.

 

EDIT: I forgot that if you are over 60 you can get backdating for three months with no reason.


Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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