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Esa and dependent daughter wofking
- micksville
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8 years 9 months ago #138158 by micksville
Esa and dependent daughter wofking was created by micksville
I am in ESA support group and on DLA HRM MRC and my daughter turns 16 next month. Though she is starting college in September I can still claim C Benefit and Child Tax Credits for her. Obviously I receive full housing benefit too.
Question is this. She is hoping to get a part time job for the summer, certainly continuing that at weekends when she starts her further education course. How would this impact on my ESA and related claims...I understand if its less than 24 hours there shouldnt be any issue as shes still a dependent child. Would there be deductions to my ESA etc in accordance to how much she earns or could it wipe my claim out all together Any advice on this would be appreciated.
Question is this. She is hoping to get a part time job for the summer, certainly continuing that at weekends when she starts her further education course. How would this impact on my ESA and related claims...I understand if its less than 24 hours there shouldnt be any issue as shes still a dependent child. Would there be deductions to my ESA etc in accordance to how much she earns or could it wipe my claim out all together Any advice on this would be appreciated.
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8 years 9 months ago #138186 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa and dependent daughter wofking
micksville
I thought this one would be easy to answer but it has proved more complicated than I expected, however, I have finally found a relevant entry.
DLA and PIP are not means tested benefits so your daughters income is not considered.
For ESA(CB) the issue is irrelevant as the claim is in your name only, and the income of anyone else in the household is not considered.
For ESA(IR) the rules are more complicated but the following answers your question.
48008 In a claim for ESA(IR), the DM should calculate the income of the claimant's partner in the same way as for the claimant1. This income should then be treated as the claimant’s income2. But DMs should consider if the circumstances in DMG 48009 to DMG 48017 applies. Income paid to, or in respect of a child or young person who is a member of the claimant’s family must not be treated as the claimant’s income3. See DMG Chapter 51 for definitions of child, young person and family.
my emphasis. From www.gov.uk/government/uploads/system/upl...e/446173/dmgch48.pdf
I suspect that the rules for Housing Benefit and Tax Credits are the same, but cannot confirm as they are not benefits that we support this so you will need to get face to face advice for them.
Gordon
I thought this one would be easy to answer but it has proved more complicated than I expected, however, I have finally found a relevant entry.
DLA and PIP are not means tested benefits so your daughters income is not considered.
For ESA(CB) the issue is irrelevant as the claim is in your name only, and the income of anyone else in the household is not considered.
For ESA(IR) the rules are more complicated but the following answers your question.
48008 In a claim for ESA(IR), the DM should calculate the income of the claimant's partner in the same way as for the claimant1. This income should then be treated as the claimant’s income2. But DMs should consider if the circumstances in DMG 48009 to DMG 48017 applies. Income paid to, or in respect of a child or young person who is a member of the claimant’s family must not be treated as the claimant’s income3. See DMG Chapter 51 for definitions of child, young person and family.
my emphasis. From www.gov.uk/government/uploads/system/upl...e/446173/dmgch48.pdf
I suspect that the rules for Housing Benefit and Tax Credits are the same, but cannot confirm as they are not benefits that we support this so you will need to get face to face advice for them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 9 months ago #138195 by micksville
Replied by micksville on topic Esa and dependent daughter wofking
I called housing ben and ESA this morning Gordon. It wont affect either until she is 18. C Ben the same, just need to check on CTC. Thanks anyway
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8 years 9 months ago #138196 by micksville
Replied by micksville on topic Esa and dependent daughter wofking
Just called the CTC. For anyone interested CTC says as long as it is under 24 hours it doesnt affect matters. Only if it is full time and she leaves further education would it affect things for child tax credit purposes. By full time they mean over 52 weeks so eg 40 hours during the summer dropping to say 16 hours at weekends during term time....that would have no affect as it wouldnt average out to full time over a year...as previously stated housing ben and esa income related arent affected anyway
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