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Grey area for income support entitlement?
- Qube
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9 years 7 months ago - 9 years 7 months ago #124779 by Qube
Grey area for income support entitlement? was created by Qube
My brother who has a diagnosis of Aspergers/Classic Autism, was in receipt of income support and enhanced disability premiums - he is to be inducted into university next week.
This week he has been informed that he is no longer entitled to IS. His child benefit was taken away, with a detrimental effect on his entitlement to IS disability premiums. He is in receipt of high rate DLA and care component. My mother who is his carer has been left with very little money to live on let alone support him through uni. His university loan is not through, or his tuiton fees, but Disabled Support Grant has been applied for, though not through either.
DSA for his uni course, equipment etc have been approved and applied for.
He had been in receipt of IS from before 2008. He has a very high level of need and support.
I would appreciate any advice and help you might be able to give - because he was entitled to IS on my mothers IS claim there seems to be a grey area on who the entitlement belongs to, and how the entitlement to any support needs to be ongoing as it has come to a complete halt.
They sanctioned this without any written notice except for a brief phone call last week. And through another phonecall my mother was told she had overpayments as a result of child benefits stopping on 1st September, even though they had made a payment of half the amount £40.20 on the 6th Sept.
He was also told to claim ESA without notification.
This week he has been informed that he is no longer entitled to IS. His child benefit was taken away, with a detrimental effect on his entitlement to IS disability premiums. He is in receipt of high rate DLA and care component. My mother who is his carer has been left with very little money to live on let alone support him through uni. His university loan is not through, or his tuiton fees, but Disabled Support Grant has been applied for, though not through either.
DSA for his uni course, equipment etc have been approved and applied for.
He had been in receipt of IS from before 2008. He has a very high level of need and support.
I would appreciate any advice and help you might be able to give - because he was entitled to IS on my mothers IS claim there seems to be a grey area on who the entitlement belongs to, and how the entitlement to any support needs to be ongoing as it has come to a complete halt.
They sanctioned this without any written notice except for a brief phone call last week. And through another phonecall my mother was told she had overpayments as a result of child benefits stopping on 1st September, even though they had made a payment of half the amount £40.20 on the 6th Sept.
He was also told to claim ESA without notification.
Last edit: 9 years 7 months ago by Gordon.
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9 years 7 months ago #124784 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Grey area for income support entitlement?
Qube
The first thing you need to understand is who had the Income Support Claim and then the specific reason for termination of the claim? Dependant on age and circumstances it is possible that they are both in receipt of IS or it may only be one of them.
If your brother was receiving Income Support due to Incapacity, then my understanding (we do not normally advise on IS) is that the claim should continue when he is in full time education, if it was awarded for any other reason, then I would expect it to be terminated.
If your mother was receiving IS as a Carer (enabled by your brothers DLA HRC) and she continues to provide the minimum of 35 hours care then there should be no reason for the claim to be closed. If she was receiving IS for some other reason then it is possible that she is no longer eligible.
Given that we can only provide limited information on Income Support then I would recommend that you get face to face advice from a trained advisor. do an internet search for "welfare advice" with your postcode, town, or county.
Gordon
The first thing you need to understand is who had the Income Support Claim and then the specific reason for termination of the claim? Dependant on age and circumstances it is possible that they are both in receipt of IS or it may only be one of them.
If your brother was receiving Income Support due to Incapacity, then my understanding (we do not normally advise on IS) is that the claim should continue when he is in full time education, if it was awarded for any other reason, then I would expect it to be terminated.
If your mother was receiving IS as a Carer (enabled by your brothers DLA HRC) and she continues to provide the minimum of 35 hours care then there should be no reason for the claim to be closed. If she was receiving IS for some other reason then it is possible that she is no longer eligible.
Given that we can only provide limited information on Income Support then I would recommend that you get face to face advice from a trained advisor. do an internet search for "welfare advice" with your postcode, town, or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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