Advice Please


C

Carolyn Preston

Husband (48yrs old) has to give up work. He has terminal cancer. Please
could anyone give us an idea as to what sort of income we should receive,
been told to get certificate of doctor for incapacity benefit. Which we will
do without any problems.
Husband 48yrs (always worked)Claim for DLA being assessed at present.
Wife 43yrs gets ICA for disabled child (not working, cares for child)
Daughter 14yrs old
Daughter 6yrs old in receipt of high rate DLA and Mobility (also reg blind)
Council house
Only pension husband will get when finished work is £30 per week from R.A.F.
Plus £4,000 lump sum.
Did recieve child tax credit worked out on a lower wage until i told them
wages had increased, they then said that we have been overpaid and that we
owe them money and they stopped child credit completely. How will this
affect us now we need to claim benifits?

Can anyone work out what we will be entitled to? It is such a worry.
Thankyou
Carolyn
 
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T

Troll

Carolyn said:
Husband (48yrs old) has to give up work. He has terminal cancer. Please
Make sure you claim Housing Benefit and Council Tax Benefit from your
Council as soon as he stops work, or shortly before.

I'll leave your disability benefits to the experts...
 
D

Dave

Husband (48yrs old) has to give up work. He has terminal cancer. Please
could anyone give us an idea as to what sort of income we should receive,
been told to get certificate of doctor for incapacity benefit. Which we will
do without any problems.
Husband 48yrs (always worked)Claim for DLA being assessed at present.
Wife 43yrs gets ICA for disabled child (not working, cares for child)
Daughter 14yrs old
Daughter 6yrs old in receipt of high rate DLA and Mobility (also reg blind)
Council house
Only pension husband will get when finished work is £30 per week from R.A.F.
Plus £4,000 lump sum.
Did recieve child tax credit worked out on a lower wage until i told them
wages had increased, they then said that we have been overpaid and that we
owe them money and they stopped child credit completely. How will this
affect us now we need to claim benifits?

Can anyone work out what we will be entitled to? It is such a worry.
Thankyou
Carolyn
As your husband has terminal cancer, he is entitled to the full carers
and mobility components of DLA. (Your GP should sign the form for
immediate payment, without the usual checks. My late wife who had
terminal cancer got hers paid weekly at about £95.00 a week. You are
also entitled to carers premium on top of your incapacity.You do need
to claim this as its not an automatic payment. You would also be
entitled to a £10.00 xmas bonus from the DWP. You must phone the DWP
and explain your situation,they couldnt help my wife and I enough. As
your husband will get the maximun DLA, you will be entitled to full
council tax benefit,again phone them and tell them your situation.
Also Im sure the tax credit situation, will have no bearing on any
claims you are making. Lastly Mcmillilan and the Hospice can really
help you in these circumstances. There are loads of peaple waiting to
help you out there you have just got to ask. Throughout my wifes
illness all of these organisations were a great help, even the DWP
were fantastic. I do believe we have one of the best systems in the
world in place to look after the terminally ill. Anyway sorry for
going on but if you need any help please email me
(e-mail address removed) Dave
 
X

XxXxXx

As your husband will get the maximun DLA, you will be entitled to full
council tax benefit,again phone them and tell them your situation.
Eh? What on Earth makes you think that? CTB is 100% means-tested, DLA is
not. Given that the OP + partner's income will soon include Incapacity
Benefit, RAF penion and ICA there is a strong possiblity that CTB will be
less than 100%. Same for Housing Benefit. BTW, the OP should claim these
Benefits ASAP.
 
D

Dave

Eh? What on Earth makes you think that? CTB is 100% means-tested, DLA is
not. Given that the OP + partner's income will soon include Incapacity
Benefit, RAF penion and ICA there is a strong possiblity that CTB will be
less than 100%. Same for Housing Benefit. BTW, the OP should claim these
Benefits ASAP.
No I believe you are wrong for the following reason. It wouldnt
matter what the income is, as they would recieve the full carers
premium of DLA, this would entitle them to %100 council tax rebate,
whatever there income. As far as housing benefit goes you may be right
about that but I very much doubt it
 
A

anthonyberet

Dave said:
No I believe you are wrong for the following reason. It wouldnt
matter what the income is, as they would recieve the full carers
premium of DLA, this would entitle them to %100 council tax rebate,
whatever there income. As far as housing benefit goes you may be right
about that but I very much doubt it
Sorry thats not correct.

DLA is disregarded for CTB purposes but it does not guarantee 100% CTB, (or
HB).
-Their other income will be taken into account, but their applicable amount
will be higher as they will get the disabilty premium so this means the
income can be higher before they start contributing to their council tax.
I can't do the sums in my head at this time of night though :)
DLA care component also removes all non-dependent deductions from both CTB
and HB, but there don't seem to be any non-dependent adults in this
household.
--
Put "usenet" in the subject-line if you want to mail me, otherwise it will
be spam-filtered.
Do you use filesharing networks? If so, please visit my online poll:
http://vote.sparklit.com/web_poll.spark/780772
anthonyberet
 
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D

Dave

Sorry thats not correct.

DLA is disregarded for CTB purposes but it does not guarantee 100% CTB, (or
HB).
-Their other income will be taken into account, but their applicable amount
will be higher as they will get the disabilty premium so this means the
income can be higher before they start contributing to their council tax.
I can't do the sums in my head at this time of night though :)
DLA care component also removes all non-dependent deductions from both CTB
and HB, but there don't seem to be any non-dependent adults in this
household.
Oh well looks like its time to apologise and admit I was wrong. Still
I hope by them reading these posts they realise help is available
 
T

Ted Hutchinson

As your husband has terminal cancer, he is entitled to the full carers
and mobility components of DLA.
The above statement also needs correction.
If it is accepted that this is a terminal rules case (posts elsewhere
indicate that this is the subject of appeal next week) only the high
rate of care will be awarded on the grounds of terminal illness. The
Mobility element may be awarded only if the claimant meets the
criteria for being virtually unable to walk. The time criteria
(condition existing for 3 months prior) will however be ignored.

I was a bit confused about this earlier after reading the
Commissioners Decision at
http://www.osscsc.gov.uk/archive_decisions/st2000/48of00.htm
however I gather from someone with a more up to date copy of Sweet and
Maxwell that this has been clarified.
 
C

Clive Martin

Carolyn said:
Husband (48yrs old) has to give up work. He has terminal cancer. Please
could anyone give us an idea as to what sort of income we should receive,
been told to get certificate of doctor for incapacity benefit. Which we will
do without any problems.
Husband 48yrs (always worked)Claim for DLA being assessed at present.
Wife 43yrs gets ICA for disabled child (not working, cares for child)
Daughter 14yrs old
Daughter 6yrs old in receipt of high rate DLA and Mobility (also reg blind)
Council house
Only pension husband will get when finished work is £30 per week from R.A.F.
Plus £4,000 lump sum.
Did recieve child tax credit worked out on a lower wage until i told them
wages had increased, they then said that we have been overpaid and that we
owe them money and they stopped child credit completely. How will this
affect us now we need to claim benifits?

Can anyone work out what we will be entitled to? It is such a worry.
Thankyou
Carolyn
You would be entitled to Income Support (IS), which would "passport" you
to full Housing and Council Tax Benefit, if your income from:

your husband's Incapacity Benefit and RAF pension, your Carer's
Allowance (ICA) and Child Benefit, and any other income taken into
account for IS purposes

came to less than £311.20 a week.

The DLA that you receive for your disabled daughter and that your
husband will receive are ignored as income in this calculation.

The IS rates that make up that £311.20 a week are:

Adult personal allowances 85.75
Child personal allowances 77.00
Family premium 15.75
Disability premium 33.25
Disabled child premium 41.30
Carers premium 25.10
Enhanced disability premium 33.05

The enhanced disability premium depends on your husband successfully
getting the DLA care component.

On the information you give I'd very much suspect that you would be
entitled to Income Support - claim this as well as Housing and Council
Tax Benefit.

Clive
 
C

Clive Martin

In message <[email protected]>, Dave

As your husband has terminal cancer, he is entitled to the full carers
and mobility components of DLA. (Your GP should sign the form for
immediate payment, without the usual checks. My late wife who had
terminal cancer got hers paid weekly at about £95.00 a week.
This is incorrect.

Being "terminally ill" for DLA purposes, that is, showing that death can
reasonably be expected within 6 months of the application, has different
effects on entitlement to the two DLA components.

For the care component, it results in an immediate award of the higher
rate care component, currently £57.20 a week.

For the mobility component, it only passports you through the six month
qualifying period, throughout which you normally have to have been
disabled enough to qualify for the benefit. This means that the
mobility component can be paid immediately. But you still have to meet
the normal disability rules for the mobility component, so that, for the
higher rate, you still need to show that you are "unable or virtually
unable to walk". The higher rate component is currently £39.95 a week.

Clive
 
T

Ted Hutchinson

On Mon, 24 Nov 2003 10:46:33 +0000, Clive Martin

snip Clives breakdown of possible applicable amount

This breakdown includes only one
Carers premium 25.10
There is, in my view, no reason why someone who is Terminally Ill and
on High Rate Care should not care for someone else. He may still be
able to fulfill the role of Carer for the Disabled Child, If he
claimed Carer's Allowance while this Carer's Allowance would overlap
with his Incapacity benefit payment it would attract a further Carers
Premium to the applicable amount and two can be received but only if
the wife claims Carers Allowance for him when/if he wins his Terminal
case DLA appeal and he claims Carers Allowance for looking after the
disabled child.
I don't myself think this would jeopardise his DLA High Rate Care
award, should the appeal award it, however others may know better?
 
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XxXxXx

Ted Hutchinson said:
On Mon, 24 Nov 2003 10:46:33 +0000, Clive Martin

snip Clives breakdown of possible applicable amount

This breakdown includes only one

There is, in my view, no reason why someone who is Terminally Ill and
on High Rate Care should not care for someone else. He may still be
able to fulfill the role of Carer for the Disabled Child, If he
claimed Carer's Allowance while this Carer's Allowance would overlap
with his Incapacity benefit payment it would attract a further Carers
Premium to the applicable amount and two can be received but only if
the wife claims Carers Allowance for him when/if he wins his Terminal
case DLA appeal and he claims Carers Allowance for looking after the
disabled child.
I don't myself think this would jeopardise his DLA High Rate Care
award, should the appeal award it, however others may know better?
Firstly, I am not aware if Carer's premium is available to a couple at 2x
single rate.

Secondly, if a person is in receipt of a disability benefit, particularly
the middle/high rate DLAs, their position is that they are unable to work by
virtue of disability. Hence they have no obligation to be seeking gainful
employment. However, the DWP seem to take the view that if ICA is payable
for looking after someone then this caring is real "work" and the ICA can
only be paid if the claimant is fit for such work, which they wouldn't be if
they were disabled to the extent of qualifying for the middle/higher rate
DLAs. See what I mean?

Of course, I stand to be corrected.
 
T

Ted Hutchinson

snip possibility of someone with a potential award of High Care under
terminal rules claiming Carers Allowance for looking after disabled
daughter.
Firstly, I am not aware if Carer's premium is available to a couple at 2x
single rate.
From the Disability Alliance Website
http://www.disabilityalliance.org/is4.htm
Carer Premium (payable for each person who qualifies)
entitled to Carers Allowance
Secondly, if a person is in receipt of a disability benefit, particularly
the middle/high rate DLAs, their position is that they are unable to work by
virtue of disability.
Sorry you are wrong. Anyone in receipt of DLA may work and still
claim the highest rates of care. DLA is paid to compensate for the
extra costs of disability and these affect those disabled people who
work almost inevitably more than those disabled people who stay at
home.
Of course, I stand to be corrected.
I will check this out tomorrow but I am certain I am right that being
Terminally ill and on High Rate care is no bar to claiming Carers
Allowance. The type of care provided may be more of the supervisional
or watching over variety but a parent is a parent and would still be
expected to care for his children for as long as he felt able. It's my
view you should try to check your facts before you post.
 
T

Ted Hutchinson

I will check this out tomorrow but I am certain I am right that being
Terminally ill and on High Rate care is no bar to claiming Carers
Allowance. The type of care provided may be more of the supervisional
or watching over variety but a parent is a parent and would still be
expected to care for his children for as long as he felt able. It's my
view you should try to check your facts before you post.
Confirmation from Carer's Allowance Helpline Tel: 01253 856 123
Fax: 01772 899 354 Email: (e-mail address removed)

Two quotes directly from the above helpline.
The Husband will be better to claim Carer’s Allowance for his child
and see if they can get Income support.

If the husband claims Carer’s Allowance it should have nothing to do
with his DLA and shouldn’t affect the outcome of his claim at all. You
can be terminally ill and still look after someone.
 
X

XxXxXx

Ted Hutchinson said:
snip possibility of someone with a potential award of High Care under
terminal rules claiming Carers Allowance for looking after disabled
daughter.

From the Disability Alliance Website
http://www.disabilityalliance.org/is4.htm
Carer Premium (payable for each person who qualifies)
entitled to Carers Allowance


Sorry you are wrong. Anyone in receipt of DLA may work and still
claim the highest rates of care. DLA is paid to compensate for the
extra costs of disability and these affect those disabled people who
work almost inevitably more than those disabled people who stay at
home.


I will check this out tomorrow but I am certain I am right that being
Terminally ill and on High Rate care is no bar to claiming Carers
Allowance. The type of care provided may be more of the supervisional
or watching over variety but a parent is a parent and would still be
expected to care for his children for as long as he felt able. It's my
view you should try to check your facts before you post.
LOL!!!

Thanks Ted, that got my day off to a good start!

Another fact I did not check up on is if Carer's Allowance (the new name for
ICA?) can be claimed twice in respect of the same cared-for person. Unless
your idea is that the OP stops claiming in respect of the child and starts
claiming for her husband, with the husband submitting a new Carer's
Allowance (CA) claim in respect of his daughter. But again we would be in
the paradoxical situation where the husband gives rise to a claim for CA
because he cannot look after himself whilst also claiming to be fit and able
to care for a severely disabled child.

Finally, of all the middle/high rate DLA recipients you have personally
known, what percentage hav realistically been physically capable of a
full-time job? For me the percentage would be zero.
 
T

Ted Hutchinson

Snip
if Carer's Allowance (the new name for
ICA?) can be claimed twice in respect of the same cared-for person.
No If someone is getting Carer's Allowance for caring for a person
with DLA, no-one else can get Carers Allowance for caring for that
individual. It is important where someone gets 24 hr care 7 days a
week provided by 3 different Carers that the right person claims.

Unless
your idea is that the OP stops claiming in respect of the child and starts
claiming for her husband, with the husband submitting a new Carer's
Allowance (CA) claim in respect of his daughter.
The OP cannot get Carers Allowance for her husband until he has a
valid DLA care rate so until the appeal things should stay as they are
however as you will see I have checked these facts with the Carers
Helpline and confirm that they anticipate no problems with changing
the care claim for the child or initiating a Carer Allowance for the
husband.

But again we would be in
the paradoxical situation where the husband gives rise to a claim for CA
because he cannot look after himself whilst also claiming to be fit and able
to care for a severely disabled child.
Fortunately those who administer this Allowance have more common sense
and humanity than you demonstrate.
Finally, of all the middle/high rate DLA recipients you have personally
known, what percentage hav realistically been physically capable of a
full-time job? For me the percentage would be zero.
Perhaps if you spend a little time at
http://www.dwp.gov.uk/asd/cga.asp you will be better informed.
 
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XxXxXx

Ted Hutchinson said:
Snip


No If someone is getting Carer's Allowance for caring for a person
with DLA, no-one else can get Carers Allowance for caring for that
individual. It is important where someone gets 24 hr care 7 days a
week provided by 3 different Carers that the right person claims.

Unless

The OP cannot get Carers Allowance for her husband until he has a
valid DLA care rate so until the appeal things should stay as they are
however as you will see I have checked these facts with the Carers
Helpline and confirm that they anticipate no problems with changing
the care claim for the child or initiating a Carer Allowance for the
husband.
The DWP's own website suggests that CA can be paid before a DLA award is
decided:

http://www.dwp.gov.uk/lifeevent/benefits/carers_allowance.asp#caniget

The Carers Helpline (whomever they may be) are right to to say that there
would be no problem with the husband initiating a claim for CA. They would
also be right to say that there would be no problem with the Sultan of
Brunei initiating a claim for Income Support. In both cases, the outcome is
likely to be the same.

But again we would be in

Fortunately those who administer this Allowance have more common sense
and humanity than you demonstrate.
You really are talking complete rubbish. You must be the only person on the
planet who thinks it is "common sense" for a terminally ill man, who's
illness forced him to give up his job and has been given approx 6 months to
live, to be fit to provide care to a severely disabled child for at least 35
hours per week.

Where does "humanity" come into it? What is humane about throwing money at
someone who is dying? "Here you go, Mr Smith. We're sorry you'll be dead
soon but here's a nice wad of cash. We won't bother building any more new
schools 'coz the sheer sentimentalism of giving taxpayer's dosh to the
terminally ill makes us feel so good."
Perhaps if you spend a little time at
http://www.dwp.gov.uk/asd/cga.asp you will be better informed.
Well I'm certainly more informed about the reams of statistics that our
government produces but anyway, I take it your answer to my question is also
"zero"?

The problem with your posts is that you seem obsessed with "could" "may" and
"possibly". You clearly have never been in the position of assessing
Benefits entitlement otherwise you wouldn't spout so much crap. People who
ask questions here want useful advice, not theories.
 
T

Ted Hutchinson

The DWP's own website suggests that CA can be paid before a DLA award is
decided:

http://www.dwp.gov.uk/lifeevent/benefits/carers_allowance.asp#caniget
Carers allowance may be claimed before the DLA award is decided
however it cannot be paid. What happens is that when the DLA is
finally awarded the Carers Allowance is backdated to the date of the
original claim. However, the bird in the hand (carers allowance
currently awarded) may worth more than two in the bush. (potential CA
premiums not yet awarded) as it is only a couple of weeks to the
appeal I don't think the small risk is currently worth it. However
when the husband's DLA is awarded then there is nothing to lose and
one Carers Premium to gain by swapping Carers allowance claims.
The Carers Helpline (whomever they may be)
I have posted their email fax and telephone number in another reply in
this thread. Perhaps you could use that information to check your
facts orally as it appears your simply reading the words doesn't
appear to affect your comprehension of their meaning.

I really don't think the rest of your post merits a reasoned reply.
 
X

XxXxXx

Ted Hutchinson said:
Carers allowance may be claimed before the DLA award is decided
however it cannot be paid. What happens is that when the DLA is
finally awarded the Carers Allowance is backdated to the date of the
original claim. However, the bird in the hand (carers allowance
currently awarded) may worth more than two in the bush. (potential CA
premiums not yet awarded) as it is only a couple of weeks to the
appeal I don't think the small risk is currently worth it. However
when the husband's DLA is awarded then there is nothing to lose and
one Carers Premium to gain by swapping Carers allowance claims.

I have posted their email fax and telephone number in another reply in
this thread. Perhaps you could use that information to check your
facts orally as it appears your simply reading the words doesn't
appear to affect your comprehension of their meaning.
Again, you haven't answered my question. You can post their contact info
until you wear out your keyboard but this doesn't explain who is behind this
organization or what authority they have.
I really don't think the rest of your post merits a reasoned reply.
Of course you don't. How could you admit to being an armchair expert in
reply to a post from someone who assessed Benefits for 4 years?
 
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C

Clive Martin

In message <[email protected]>, XxXxXx

The problem with your posts is that you seem obsessed with "could" "may" and
"possibly".
Anyone trying to give advice, particularly on the Internet, has to use
these modifiers.
You clearly have never been in the position of assessing
Benefits entitlement otherwise you wouldn't spout so much crap.
Ted Hutchinson may never have assessed benefits but he certainly knows
his stuff. As the thread shows, unlike you, he knows the rules for
Carer's Allowance, carer's premium and Disability Living Allowance.
People who
ask questions here want useful advice, not theories.
Indeed. Ted Hutchinson gives useful advice. You don't. When you are
not giving misleading advice you spend most of your time in foul-mouthed
hectoring of claimants.

Uk.legal ------------------>

Clive
 

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