ESA or Income Support?, not sure

[dajackel12]

Hi

 

Some of you may know that I recently failed an ESA Tribunal last week, I was advised by members here to re-apply for ESA and I've got a fit note from my doctor to back up my claim, but I was reading online today about Income Support and I wanted to ask if it's better to apply for this instead.

 

My situation is that I am currently receiving DLA - Lower rate care and Higher rate mobility, I am married and my partner does not work as she cares for me during the day, We were on ESA as a joint couple until we lost the tribunal last week, The DWP haven't yet written to us advising the ESA has stopped but once it does then our only income will be from the DLA which is only about £75 per week.

 

I am wondering if we should make a claim for income support instead of ESA because of our low income, can anyone give me some advise? Would there still be medicals/interviews like ESA's atos medicals etc? How does IS differ from ESA? I'm really confused right now as to what to do,

 

any advise would be great

[Nystagmite]

What grounds would you be claiming income support on?

[estellyn]

Yes it doesn't sound as if you have any grounds to claim income support.

[dajackel12]

Hi,

 

thanks for the quick replies, I've looked at the Gov.UK site where it states the following:

 

Eligibility

To qualify for Income Support you must:

 

be between 16 and State Pension age

be a lone parent or carer or, in some cases, unable to work because you’re sick or disabled

be on a low income

work less than 16 hours a week (and your partner works no more than 24 hours a week)

live in England, Scotland and Wales - there are different rules for Northern Ireland

 

When you won’t qualify

 

Usually, you won’t qualify if you:

 

have savings above £16,000

need permission to enter the UK

get Jobseeker’s Allowance or Employment and Support Allowance

are a young person being looked after by a local authority

 

 

I thought i may be able to claim it because I am unable to work due to sick/disability, and I'm on a low income (just the DLA) and I do not have savings over £16,000

 

Is this right or I'm i overlooking/missing something? sorry to be a pain but I really appreciate the help

[Nystagmite]

You can't claim income support on the basis of sickness now. It's ESA you have to claim.

[dajackel12]

You can't claim income support on the basis of sickness now. It's ESA you have to claim.

 

Thanks for help, much appreciated

[count orlok]

You need to be on Middle or High rate care for your wife to be able to care for you.

 

If you have a sicknote from your doctor you should be able to apeal and get the assessment rate (presumably you'd get the couple rate).

 

Alternativly is your wife sick or disabled? if not she can claim JSA for you both of you. If she is sick or disabled she can claim ESA for both of you.

 

It does not matter which of a couple claims, and unless sick, carer or have kids under 5 both must be available for work AFAIK (it is nearly 30 years since I sgned on).

Edited October 24, 2012 by count orlok