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Thread: Benefit capping - loss of benefit - advice please ..............

  1. #1
    bee8888
    Guest

    Benefit capping - loss of benefit - advice please ..............

    Hi everyone - my husband currently claims:-

    Higher Rate Mobility DLA
    Middle Rate Care Element DLA
    Employment Support Allowance - Support Group

    Due to his extensive care needs and for the sake of my own health, I am about to give up work so that I can care for him properly full time

    I currently claim:-

    Lower Rate Mobility DLA
    Lower Rate Care DLA

    Without doubt we believe that we will have to claim housing benefit and council tax allowance together with carers allowance and my husband will have to move over to Income related (?) in order for us to claim these.

    We are really worried though that after such a fight to gain the ESA Support Group etc etc once we claim the above they will take money away from us. Can anyone advise if this would be the case?

    Thanks for trying to help

  2. #2
    davewhit
    Guest
    Quote Originally Posted by bee8888 View Post
    Hi everyone - my husband currently claims:-

    Higher Rate Mobility DLA
    Middle Rate Care Element DLA
    Employment Support Allowance - Support Group

    Due to his extensive care needs and for the sake of my own health, I am about to give up work so that I can care for him properly full time

    I currently claim:-

    Lower Rate Mobility DLA
    Lower Rate Care DLA

    Without doubt we believe that we will have to claim housing benefit and council tax allowance together with carers allowance and my husband will have to move over to Income related (?) in order for us to claim these.

    We are really worried though that after such a fight to gain the ESA Support Group etc etc once we claim the above they will take money away from us. Can anyone advise if this would be the case?

    Thanks for trying to help
    if you try and claim CA you must make sure there is no conflict why your paid DLA or that might start a review of your claim

  3. #3
    Senior Member
    Join Date
    Jan 2012
    Posts
    1,803
    Someone here may well know better but I'm not sure if you can choose to move from CB ESA to IR ESA. Maybe something you need to check.
    As DW says, you need to be sure you don't shoot yourself in the foot, the DWP giveth in one hand but can take away with the other. Get some advice from CAB or similar, they will go through all your finances and options.

  4. #4
    davewhit
    Guest
    Quote Originally Posted by wobble1 View Post
    Someone here may well know better but I'm not sure if you can choose to move from CB ESA to IR ESA. Maybe something you need to check.
    As DW says, you need to be sure you don't shoot yourself in the foot, the DWP giveth in one hand but can take away with the other. Get some advice from CAB or similar, they will go through all your finances and options.
    the change from esa cb to esa ir would happen after 365 days but if in support group would stay on cb and you cant choose your self

  5. #5
    Senior Member
    Join Date
    Jun 2011
    Posts
    387
    Quote Originally Posted by bee8888 View Post
    Hi everyone - my husband currently claims:-

    Higher Rate Mobility DLA
    Middle Rate Care Element DLA
    Employment Support Allowance - Support Group

    Due to his extensive care needs and for the sake of my own health, I am about to give up work so that I can care for him properly full time

    I currently claim:-

    Lower Rate Mobility DLA
    Lower Rate Care DLA

    Without doubt we believe that we will have to claim housing benefit and council tax allowance together with carers allowance and my husband will have to move over to Income related (?) in order for us to claim these.

    We are really worried though that after such a fight to gain the ESA Support Group etc etc once we claim the above they will take money away from us. Can anyone advise if this would be the case?

    Thanks for trying to help
    Your husband can't opt to move from Contribution Based to Income Based ESA. You can claim CA for looking after him. But non of that will necessarily mean that you can't claim Housing or Council Tax Benefits, or Income Support. That would depend on your husbands ESA, any other income as a couple, and any savings.You should get a calculation done first because if you do give up work and claim CA any IS/HB/CTB due would include premiums, and all of the DLA would be classed as disregarded income. So if the only income left to be counted is his ESA, and if your joint savings and capital are within the limits, you could well be able to get other benefits.

    One thing is certain though - that if you are not working you can certainly claim CA without any change to your husbands' benefits at all.

  6. #6
    davewhit
    Guest
    Quote Originally Posted by bee8888 View Post
    Hi everyone - my husband currently claims:-

    Higher Rate Mobility DLA
    Middle Rate Care Element DLA
    Employment Support Allowance - Support Group

    Due to his extensive care needs and for the sake of my own health, I am about to give up work so that I can care for him properly full time

    I currently claim:-

    Lower Rate Mobility DLA
    Lower Rate Care DLA

    Without doubt we believe that we will have to claim housing benefit and council tax allowance together with carers allowance and my husband will have to move over to Income related (?) in order for us to claim these.

    We are really worried though that after such a fight to gain the ESA Support Group etc etc once we claim the above they will take money away from us. Can anyone advise if this would be the case?

    Thanks for trying to help
    your title talks of capping, thats something coming in with UC that will be a limit of £500 a week BUt will not affect people with DLA in payment

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