ESA 24 hour rule

[cmg2000]

Hi,

 

I already claim Contribution Based ESA and I'm in the support group. I also get DLA high rate care and mobility.

 

DWP sent me a letter with a new form suggesting I claim Inome related ESA. This in the main is fine as we have no assets savings etc. I get an occupational pension but it's not a lot.

 

However, my partner manages his own company and because he cares for me a lot only works around 25-28 hours a week and pays himself minimum wage.

 

I'm concerned about the 24 hour rule.

 

I read the info regarding the rule and is it right that because I get high rate care and he cares for me a lot his work may be disregarded?

 

Thanks for your help..

[Nystagmite]

It's very unlikely you'd get any income based ESA. Unless your partner is blind, receives mid or high rate care DLA, or either rate of PIP daily living or AA, you won't get the severe disability premium. There is an enhanced disability premium of £15.55 per week.

Edited October 24, 2014 by Conniff

[cmg2000]

Thanks for your reply..

 

This really confuses me. I'm the disabled one with ill health. I'm the one who gets high rate care. I claim contributory ESA and I would be adding a claim for IR ESA based on my contributory claim. It's because of my Cont ESA the DWP sent me a form to claim IR ESA.

 

Why would my partner need to be claiming benefits? I wish DWP would be more transparent regarding the rules! They make it read as though because he cares for me and I receive HR DLA for care, they would disregarded his hours..

 

Clear as mud DWP!!!

 

Thanks again..

[Nystagmite]

I have to admit, this confuses me too. Normally, you (the claimant) has to make the IR claim. You're not sent the forms without having to ask.

[estellyn]

No his work wouldn't be disregarded and your only chance of qualifying would be if he worked less than 24 hours and your combined income was low enough to qualify.

 

However, does he claim working tax credits? if not you both should apply.

[blondebubbles]

No his work wouldn't be disregarded and your only chance of qualifying would be if he worked less than 24 hours and your combined income was low enough to qualify.

 

However, does he claim working tax credits? if not you both should apply.

 

Unless they have children or the partner is over 60 they won't qualify for working tax credits unless the partner worked over 30 hours.