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Heart attack CAB & DWP Conflicting information

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4 years 2 months ago #243904 by Alybongo65
Good morning


Information regarding Benifits entitlement
My boyfriend lives in a shared house , he had a massive heart attack 2 weeks ago was in hospital 8 days & , had 2stents and has to have another 2 in a follow up operation, the specialist consultant said he can not go back to work , he’s SE and runs a sandwich shop, which is sadly one off the reasons for the heart attack ~ re stress , money ( lack off ) staff ect ,

I’m on esa contribution ( support group )
& need information if he was to give up his room & move in with me as he’s not really ment to be on his own , what would happen re my esa ...

DWP said nothing will change as I’m on contribution only said patner,could apply for new esa he’s never claimed in 42 years off working ...& paid enough stamp and we could both apply for careers allowance...he did mention UC but said best way forward is to stay put ...

CAB ~ said you will no longer get esa , it’s change off circumstances So loose it totally & have to re apply as a couple for UC ,
Looking at the amount we would get on UC £498 surly this can’t be right a couple to live on this for a month with bills food essentials ...I have a mortgage so wouldn’t get any housing...they did say that only 1 off us can get the DIsability premium...so that would be a add on and pending on the level awarded . Would give us a bit more ...that would just cover the mortgage , I’m sick with worry about all this .

My Q where do we go to get right information please ? We want to do things right and also get what we are entitled too .

Many thanks for any information

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4 years 2 months ago #243910 by Gary
Hi Alybongo65

As you are in receipt of CB ESA then I am pleased to say that DWP got it right on both points, if you were in receipt of IR ESA then CA would be correct.

One of the first questions to ask is what is happening to the sandwich shop, is it still in existance or has it closed? if it has not closed then that makes things much more complicated. You both will need to get specialist face to face advice from your local welfare rights unit, as there is lots of gaps in your statement which unfortunately we cannot answer. Remember not all Citizens Advice have a specialist welfare rights worker and you do need someone with specialist knowledge to answer your questions.

You cannot apply for carers allowance unless the person you are caring for is in receipt of a qualifying benefit.

I am not sure by what you mean when you say 'they did say that only 1 off us can get the DIsability premium...so that would be a add on and pending on the level awarded' which disability premium are they talking about?

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 2 months ago #243913 by Alybongo65
Replied by Alybongo65 on topic Heart attack CAB & DWP Conflicting information
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Hi thanks for the reply ...

He still has the shop but sadly will probably be going bankrupt...as he still has 4 years off the lease and staff redundancy ect to pay and with £0 in bank and all his savings gone on keeping the business afloat ...one staff member did have a interest but has said on reflection it will be to much to take on ...this is very upsetting but it is what it is ...

When I say about only one off us can get it’s the Severe disability premium ...I have pip so was told I could have carer allowance ...but like I say I’m so mixed up with all the conflicting information...

Should I call the DWP and ask to speak to a specialist or do I do that on line

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4 years 2 months ago #243915 by Gary
Hi Alybongo65

Your boyfried will need to seek specialist advice from Business Debtline 0800 197 6026 www.businessdebtline.org in regards to business debts and closing the business.

If you are living together and only one of you have a qualifying benefit then you will not be eligible to claim SDP. You cannot get SDP if you only receive CB ESA, you first have to apply for IR ESA which can be paid on top of your CB ESA providing you meet the qualifying condition.

You cannot claim CA for yourself, you can only claim CA if you are caring for someone and they meet the qualifying conditions.

www.gov.uk/disability-premiums/eligibility

www.gov.uk/carers-allowance

Hope you find the above links useful

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Alybongo65

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4 years 2 months ago #243916 by Alybongo65
Replied by Alybongo65 on topic Heart attack CAB & DWP Conflicting information
Many thanks Gary

We’ve already spoke to them regarding business what to do to go forward ...they where very helpful and clear what to do and what the next steps are ...regarding business .

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