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benefits muddle! HELP!!!!


mad rat woman
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I was claiming incapacity and income support, i failed my atos "medical" which i had intended to appeal against. My partner has now moved in and I have recieved a letter saying I can no longer claim income support and i do not have enough stamp payments to get paid any incapacity so if i were to carry on with that claim I would receive no money but they would pay my stamps! I cannot claim working tax credit as my partner earns to much annually, still waiting on housing benefits. Any suggestions? My son also lives at home with no income so 3 people would have to live off one wage! Is it worth claiming job seekers just to get another income in??

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You would only get your stamp paid if you claimed JSA and you would have to show that you are willing and able to actively seek and take up offered employment. If you are still not able to wok due to incapacity then you need to appeal the Incapacity Medical and you may be moved on to the contribution based ESA (someone else with more knowledge of Incap/ESA should be able to advise you more about this). But there are no other income based benefits that you can claim due to your partners incone, so he will now be required to support you as a family unit.

 

How old is you son that lives at home?

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My son is 21. he was claiming job seekers but now refuses to do the course they send you on, he instead is doing a small cleaning job of only 10 hours per week, which brings in the same as he would on job seekers . I'm not well enough at the moment to work. I have the support of my doctor but not sure how the appeal will go!

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I was claiming incapacity and income support, i failed my atos "medical" which i had intended to appeal against. My partner has now moved in and I have recieved a letter saying I can no longer claim income support and i do not have enough stamp payments to get paid any incapacity so if i were to carry on with that claim I would receive no money but they would pay my stamps! I cannot claim working tax credit as my partner earns to much annually, still waiting on housing benefits. Any suggestions? My son also lives at home with no income so 3 people would have to live off one wage! Is it worth claiming job seekers just to get another income in??

 

hi mrw

I take it you have failed the medical that would have taken you from IB to ESA.

If your partner hadnt moved in then you could have claimed ESA appeal rate, but I think you would have claimed the Income Based ESA as you havent got enough stamps for the ESA conts based...

This means in simple terms now he has moved in you cant claim any benefit whilst you appeal.

You can sign on JSA but it will only be to credit your NI stamp you will receive no money..

As Flumps says your son can claim JSA if over 18

but now you have a partner in full time work he will be expected to keep you :(

Your IS has ceased because your IB has closed

Hopefully you can get housing benefit

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Yes they said I can't claim IS because my partner moved in. I could have still claimed IB on the lower rate whilst my appeal goes through but because i had not payed enough stamps IS was paying my incap. If that makes sense! Normally having a partner moving in would not affect IB . I will wait and see what housing benefit comes up with. My partner is paying an IVA so might have to go bankrupt if we have to pay everything!

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Yes the Incapacity Benfit was a contribution based benefit and if you didn't qualify to receive the actual payment of Incapacity Benefut then you could claim for an Income Support tiop up as long as you met the qualifying conditions for IS.

 

With regards to your son, he is working 10 hours per week but if he refuses to participate with the Job Seekers Directions (suchj as training courses or the work programme) then he would be referred to the decision makers to determine the payability of his JSA award and it would be likely that he would receive a sanction.

All he can do is look for additional hours or a full time job.

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Yes they said I can't claim IS because my partner moved in. I could have still claimed IB on the lower rate whilst my appeal goes through but because i had not payed enough stamps IS was paying my incap. If that makes sense! Normally having a partner moving in would not affect IB . I will wait and see what housing benefit comes up with. My partner is paying an IVA so might have to go bankrupt if we have to pay everything!

 

 

Oh yes this makes it clearer

 

You had failed the IB PCA, if you appeal this then you claim I.S hardship rate its £54.00 per week.

But I.S is means tested so now you have a partner who works over 24 hrs then you are not entitled to I.S any more

 

You are correct a partner does not effect your IB if you were on IB conts.. But you say you were just getting IB credits with I.S paying the benefit so he would have effected your claim. Appeal the decision but if you win your IB will be reinstated but you will win no arrears of benefit because you are now not entitled to I.S

 

I am taking it he has just moved in and you have just informed I.S..

Because before you failed your PCA and were on IB/IS if he was in ther household then you would not have been entitled to I.S,

 

Have you put his figures into the WTC calculator

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Yes he has only moved in this week, so everything is happening at once and we just don't know where we are! I informed them last week. I will continue with the appeal and see what happens, What is the WTC calculator? My son won't budge on this course thing, it is held in a rough part of town which he refuses to step foot in! He is looking for a full time job but unfortunatly not a lot on offer around here, and the jobs that do come up have hundreds applying for them.

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