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Thread: ESA CB + PIP and Premiums

  1. #1

    ESA CB + PIP and Premiums

    My husband receives ESA CB - £110.75 pw. Recently awarded PIP enhanced daily living and enhanced mobility due to a terminal cancer diagnosis. I was on ESA IR but was living apart from my husband who is now living with me. DWP wrote to me to say my ESA is now CB - due to taking into consideration my husband's income and no longer IR - we are BOTH in the SG of ESA. My question is - is he entitled to any extra premiums which should be added to his ESA CB? If so, would this mean some of the CB would be considered Income related and therefore help with housing benefit and council tax reduction? He also receives IIDB of £69 per week.
    Should LHA provide me with a 25% reduction in council tax as my spouse receives the daily living component?

  2. #2
    I can't help on the premiums (though I suspect any IR entitlement will be wiped put by his other income), but PIP does not entitle you to a CT reduction. To get a disability reduction the property has to have adpatations for the disability

  3. #3
    Thank you noisynoodle

    The LHA have sent me a statement of reasons today and they have applied one amount of support group element £37.65 to our personal allowance but we are BOTH in SG so should there be two amounts of £37.65 added to our personal allowance?

  4. #4
    Senior Member Lighttouch's Avatar
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    I live with a lodger and her son. But I still get the 25% 'Single Person's' Council Tax deduction because she is considered to be a 'disregarded person' because she's around for up to 35 hours a week to assist if need be.

    She's not my partner so she qualifies by default. She can't claim Carers Allowance as she works. It benefits everyone as she gets a roof over her head, I don't pay extra Council Tax and the Council have two less homeless people.

  5. #5
    Thanks Lighttouch - the LHA have said that only one amount of the support group allowance is allowed to be applied to our applicable amount and they will not give 25% discount. My husband does receive enhanced rate of PIP due to his terminal cancer diagnosis but is not classed as a "disregarded person" as he is my spouse. The LHA have said that we may qualify for a Discretionary Housing Payment and I have tried to find out what is classed as minimum income standards in a 2 person household to see if it is worth applying for this but cannot find anything on the internet regarding what is considered the average household costs ie, weekly grocery shop, water costs, heating costs etc. If anyone has applied for DHP and has knowledge of what figures are applicable to the a household I would very much appreciate the information.

  6. #6
    Hi, have you contacted https://www.mariecurie.org.uk/help/s.../special-rules for any advice ? They should be able to work it out for you. Good luck.

  7. #7
    Quote Originally Posted by Ditzee View Post
    My husband receives ESA CB - £110.75 pw. Recently awarded PIP enhanced daily living and enhanced mobility due to a terminal cancer diagnosis. I was on ESA IR but was living apart from my husband who is now living with me. DWP wrote to me to say my ESA is now CB - due to taking into consideration my husband's income and no longer IR - we are BOTH in the SG of ESA. My question is - is he entitled to any extra premiums which should be added to his ESA CB? If so, would this mean some of the CB would be considered Income related and therefore help with housing benefit and council tax reduction? He also receives IIDB of £69 per week.
    Should LHA provide me with a 25% reduction in council tax as my spouse receives the daily living component?
    I don't have enough time to give a proper detailed answer right now, but here are my initial thoughts but when I get time either today or tomorrow, I will see if I can add more to it.

    In answer to your question about extra premiums, I believe your husband may be but not in the ESA sense. If you apply for and get Constant Attendance Allowance at either the Exceptional Rate or Intermediate Rate, then your husband could apply for and may be entitled to Exceptionally Severe Disablement Allowance.

    Constant Attendance Allowance
    Exceptionally Severe Disablement Allowance

    I don't know your current situation but one way to get a 25% discount on your CT would be dependant on your husband's mental state and if it's questionable do you have a sympathetic GP or consultant who would be willing to sign a form stating the following:

    I certify that in my opinion the person named above has a severe mental impairment defined as severe impairment of intelligence and social functioning (however caused) which appears to be permanent

    Most common conditions for the above are dementia, brain damage, learning difficulties etc. HOWEVER, I recently had mine approved based on ADHD, Anxiety and Depression and the way the law is written it does have a wide interpretation. If you do apply and go down that route, then potentially your husband can apply for it to be backdated (but cross that bridge as/when/if needed).

    I hope that helps.

  8. #8
    Thank you snowyBrighton

    My husband gets IIDB at 40% rate therefore does not qualify for Constant Care Allowance or ESDP. He is receiving higher rates of PIP due to his terminal diagnosis so I have applied online for Carers Allowance on the understanding that if this was awarded to me there would be a reduction in council tax liability and a higher amount of housing benefit. My last line of inquiry would be possibly asking for a DHP from my local council. However, I cannot find any official figures regarding what is a minimum income standard for a couple so I could work out whether or not the council would consider our weekly budget below a minimum income in their opinion. Are there any sites where I could find out what is considered to be a reasonable weekly amount for groceries, household items, utilities, transport, mobile phones, tv/satellite, haircuts, clothing etc?

    TIA

  9. #9
    From looking at your previous posts I believe that you would be able to make a joint ESA income based claim once you receive your letter saying that you cannot receive CA because you are on contribution based ESA but would be eligible for the carer's premium in an assessment for income based ESA.

    So, once you receive the letter you need to telephone the DWP (ESA) and ask for an ESA3 form so you can be assessed with your partner for income based ESA as you are now eligible for the Carer's Premium. Sometimes it is possible to do this over the phone especially since they have done a recent assessment for this.

    Once you are on income based ESA then you will have entitlement to housing benefit according to your personal circumstances which would normally be based on the one bed local housing allowance for your area. If memory serves me correct you actually live in two bed accommodation and because of your partner's illness he requires his own room.

    Have you actually applied for the two bed rate based on your partner's health requirements?

    If you have and this has been refused then a Discretionary Housing Payment is the way to go.

    If you are saying that they need a financial statement as part of the application then there are 'trigger figures' for reasonable weekly amounts for spending. Your partner's PIP money needs to be accounted for in some way showing that this money is spent because of his 'needs'.

    I cannot help thinking that you really could do with more support. Who has been helping you? Macmillan?

    CAB will have the 'trigger' figures (not sure about MacMillan) and could also do a benefits check up including the Carer's Premium. They would also help with completing the Discretionary Housing Payment form/applying for a two bed rate with your HB.

    I have not commented on the council tax situation as it varies from council to council but CAB/Macmillan/welfare advisor should have this information.
    I try my best

  10. #10
    Thanks pmlindyloo.

    Luckily we were granted the 2 bedroom rate due to my husband's needs. Macmillan helped with the PIP forms but not with anything else as my husband was already in receipt of ESA. They cannot help with my ESA queries. Do you know if I could access these "trigger figures" on the internet? We have no local CAB and do not have our own transport and live in a rural area. Am I right in thinking that all IR ESA claimants will be migrated to Universal Credit later this year? Would we end up being financially worse off if we even qualified for IR ESA rather than remaining on CB ESA?

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