Should we cancel IS claim and reclaim?

[ancojo]

I have mentioned before we have got the ESA50 from to fill in BUT can anyone help in regard to 2 questions. I am my partners carer, she currently receives DLA MRC/HRM. She is the one who claims Income Support so my first question is this:-

 

Would it make any difference if we cancelled the Income Support claim and reclaim but with me as the main claimer not her?

 

If not then how about if i do this:-

 

Whats happens if i decide to get a part time job (Under £100 per week carer rules) Would this stop all this ESA nonsense?

 

I realy shouldnt do this as she needs me at home but the more we think about the stress this is going to cause her the more we think the risk of my working part time is probably better? I just find it strange that they may find her "Fit for work" but i am her carer and obviously fit for work? Its all befuzzling me now!

 

Any help would be great or should i use a benefit help site for this type of info?

 

Thanks

[Nystagmite]

The £100 a week rule only applies to Carers Allowance. You can earn up to £20 a week before IS is affected. There is something about permitted work - where the disabled person can work for up to 16 hours a week and earn up to £95 a week.

[ancojo]

Thanks for the reply

 

My main question is, if i change the claim to me being the main claimee for us as a couple and as I'm her carer claiming Carers Allowance will this stop this ESA issue for her? I would then claim ESA or IS due to low income.

 

Then i need to ask would i then be made to look for work or is being a carer for a partner classed as working? If it isnt it should be as its not exactly the easiest of jobs and for £55.55 a week!

 

Thanks

[Nystagmite]

People on IS (like a carer) aren't made to look for work.

[ancojo]

Thanks for replying nystagmite

 

I think your missing my main question, i understand that if you claim Carers you dont have to work but what happens if she cancels her claim for IS as a couple and "I" claim Income Support for us as a couple, or even just ring them and ask for it to be me to be the main claimee not her? As i am a carer i dont have to look for work so wouldnt be hassled with the ESA work related issue?

 

Does this end the whole ESA debacle or are we still affected in some way? I have a funny feeling it wont be that easy or there will be some sort of monetary penalty for doing so?

 

I am going to make an app with the CAB to see what they think.

 

Thanks again

[flumps1976]

Yes you could cancel your wifes claim and then make a claim in your own right to IS on the grounds of being her carer.

The only potential problem I can see as an previous IS processor is that they will look at what you were doing prior to your claim and they will establish that your wife was claiming ESA and stopped her claim potentially she has deprived herself of an income in order for you to claim IS which is techinically the benefit to claim when there is no other financial assistance available from any other source (even though it is all paid out the benefits pot there are different budgets for each benefit payable).