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Confused about ‘income-related amounts’

Posted , 3 users are following.

gillian_47778
gillian_47778

Hi everyone - I have recently been re-awarded ESA (WRAG) of £73.55 per week. I also receive carer’s allowance of £64.60 per week (of which some is taken away - about £34 - and then kind of given back to me - about £29 - because I am in the WRAG group.)) My question is, is it financially worth my while trying to get into the support group or will the extra money that I would then get be taken away because of a ‘cap’ on a single person’s benefit of £138? I feel I should be in the support group under ‘exceptional circumstances’ as the person for whom I care is psychotic and suicidal and needs to know I won’t be called for work focused interviews. When I was previously in the WRAG group I was excused from wfa’s after a couple of months because of my caring commitments - but times have changed since then and it looks likely that I will have to attend. Is it worth appealing/going to a tribunal? Any advice will be gratefully received! 

0 likes, 6 replies

6 Replies

  • denise15811
    denise15811 gillian_47778

    Posted

    Hi,

    When you claim Carers Allowance and an Income related benefit like ESA the whole amount of CA is taken of the ESA. ESA then add the Carers Premium of £36 per week. CA then pay you the £64.60. This makes you £36 per week better off.

    Being placed into the support group because you care for someone who needs to know you won't be called for work focused interviews is most certainly not a reason to be placed into the Support Group. You can only be placed into the Support if YOU can show those exceptional circumstances, not someone you care for. It doesn't work like that, sorry. Your chances of success at MR or a Tribunal would be absolute zero here. You will also risk losing your currant award.

    • denise15811
      denise15811

      Posted

      Just re-read my comment and just to make sure you understood my reply because im not sure i wrote it correctly.

      The exceptional circumstances have to apply to you for your condition and not to someone you care for.

    • gillian_47778
      gillian_47778 denise15811

      Posted

      Thank you for your reply Denise. My ground for claiming under exceptional circumstances is regulation 35 which states that there would be need to be ‘substantial risk to my, or any other person’s, mental or physical health if I were found not to have limited capability for work related activity’. The person for whom I care is the ‘any other person’. I had to go quite deeply into the internet to find this regulation and the wording seems designed to confuse! But seeing how well informed you are Denise and knowing how ambiguous the DWP can be I will withdraw my tribunal application if you think it’s the safest thing to do. Thanks. 
    • denise15811
      denise15811 gillian_47778

      Posted

      Hi,

      You have completely missed the point here. The regulation is aimed at the claimant here. Basically it means the the claimant must have a condition that would substantially risk theirself or others if they were not found to have a limited capability for work related activity. The "others" part doesn't mean the person you care for, well not in that way.

      I'm sorry gillian but you would a million percent lose your Tribunal if you continued with this because you have totally misunderstood reg 35 and it's meaning. Therefore then yes, you do need to ring the Tribunal to cancel it.

      As you're in the WRAG you would need to attend any appointments that are given to you, otherwise you will be sanctioned. Some are more understanding than others though so you maybe lucky.

    • gillian_47778
      gillian_47778 denise15811

      Posted

      Thank you Denise. I think I’m starting to understand what reg.35 means now! When I withdraw my appeal will I get penalised/sanctioned in any way by DWP do you know? I’m planning to call the court and start withdrawal today.
    • denise15811
      denise15811 gillian_47778

      Posted

      You're welcome. No, nothing will happen they'll just stop the process and your ESA will continue as it is now.

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