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Welfare Rights Training 2013 INCOME MAXIMISATION Whats this all about? The ability to listen, fact find, and notice that something is missing, advise.

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Presentation on theme: "Welfare Rights Training 2013 INCOME MAXIMISATION Whats this all about? The ability to listen, fact find, and notice that something is missing, advise."— Presentation transcript:

1

2 Welfare Rights Training 2013

3 INCOME MAXIMISATION Whats this all about? The ability to listen, fact find, and notice that something is missing, advise accordingly, helping to identify further claims due. The ability to listen, fact find, and notice that something is missing, advise accordingly, helping to identify further claims due. Thus increasing the weekly income of any client. Thus increasing the weekly income of any client.

4 How do you do this? INCOME MAXIMISATION

5 Interview and listen carefully

6 Think ahead

7 Write down or record the facts / information given on a case record sheet

8 Check this information again at the end

9 Calculate existing entitlements using the above information

10 Submit and backdate any and all existing claims identified at this first stage

11 Identify any possible new claims due

12 Re-calculate again as if these claims where awarded / paid claims where awarded / paid

13 Submit any and all claims that would become payable only if or when these new claims are paid / awarded

14 Clearly explain to the client what will or will not happen

15 The following are real cases He is 62, has Incapacity Benefit at £ and Low rate Care at £21, he claims full HB & CT Benefit paying no Rent, he has savings at £15,400. Benefit check requested. He is 62, has Incapacity Benefit at £ and Low rate Care at £21, he claims full HB & CT Benefit paying no Rent, he has savings at £15,400. Benefit check requested. Interview, think ahead, write down, and check again, all done.

16 CALCULATE (Ignore DLA) Income now £ Applicable amount £ Incapacity Benefit Tariff on Savings Pensioner Single Total Total ANY CLAIMS? NEW CLAIMS?

17 RE-CALCULATE (Ignore DLA) Income now £ Applicable amount £ Incapacity Pensioner Single Tariff on savings Pension Credit Total Total

18 Claims: Pension Credit due £33.05 weekly (£ £ = £33.05 PC due) Arrears 13 x £33.05 = £ (27/10/08 limited backdating to three months)

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20 Couple under 60: He has since August 2012 had Employment Support Allowance Contribution Based (CBESA) at £71.70 weekly and also has Disability Living Allowance at Middle Rate Care (£53) and Low Rate Mobility (£21), she has Carers Allowance at £ They pay no rent or council tax. He has failed the ESA medical scoring nil points and is looking for help to appeal.

21 Calculate (Ignore DLA) Income Now £s Applicable Amount £s ESA Couple ESA Carers Allowance Carer Premium Total Any Claims?

22 Re-Calculate (Ignore DLA) Income Now £s Applicable Amount £s ESA Couple Carers Allowance Carer Premium Means tested ESA Total ESA can be backdated 3 months

23 He had in August 2012 the 4 week Working Tax Credit run on at over £100 weekly so at that time he was not due any means tested ESA Any other claims? He had in August 2012 the 4 week Working Tax Credit run on at over £100 weekly so at that time he was not due any means tested ESA Any other claims?

24 What about her claiming Income Support? Re-Calculate (Ignore DLA) Income Now £s Applicable Amount £s ESA Couple Carers Allowance Carer Premium Disability Premium Total Income Support now due at £58.60 Means Tested ESA was due at £14.40

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26 Couple: Both over 65, one has DLA at Middle Rate Care (£53) and the other has Attendance Allowance at (£79.15) weekly The AA has only recently been awarded

27 Other incomes? Both have weekly Retirement Pensions at £157 & £98 They pay £6.50 weekly and Council £2 weekly They live alone Interview, think ahead, write down, and Check again, all done

28 Income now £ Applicable amount (Before AA) £ Income now £ Applicable amount (Before AA) £ Retirement Pension 157 Pensioner Couple Retirement Pension 157 Pensioner Couple Retirement Pension 98 Retirement Pension 98 Total 255 Total Total 255 Total Over 65 So Add full Savings Credit To HB/CTB Over 65 So Add full Savings Credit To HB/CTB (This is a HB & CTB figure only) (245) (This is a HB & CTB figure only) (245) Rent x 65% CT x 20% Excess Income Rent x 65% CT x 20% Excess Income Council Tax paid now £2 Rent paid now £6.50 Council Tax paid now £2 Rent paid now £6.50 CALCULATE (Ignore DLA & AA)

29 ANY CLAIMS? NEW CLAIMS?

30 Claim: Carers Allowance x 2 Pension Credit Backdated three months

31 RE-CALCULATE (Ignore DLA & AA)

32 Income now £ Applicable amount £ Retirement Pension 157 Pensioner Couple Retirement Pension Severe Disability Prem x Carer Premium Carer Premium Total Savings Credit Due in £22.95 £22.95 Rent paid now Pension Credit Due £ £ Council Tax paid now (£ £255 = £152.65) (£ £255 = £152.65)

33 Claims? Carers Allowance £59.75 x 2 (Underlying only) Backdated 13 weeks Carers Allowance £59.75 x 2 (Underlying only) Backdated 13 weeks Pension Credit GT £ weekly Backdated 13 £1, Pension Credit GT £ weekly Backdated 13 £1, Pension Savings Credit £22.95 Backdated 13 £ Pension Savings Credit £22.95 Backdated 13 £ Housing Benefit £6.50 weekly Backdated 13 £84.50 Housing Benefit £6.50 weekly Backdated 13 £84.50 Council Tax £2 weekly Backdated 13 £26 Council Tax £2 weekly Backdated 13 £26 £ weekly increase in income (PC/GT £152.65, PC/SC £22.95, Rent / HB £6.50, Council Tax £2) £ weekly increase in income (PC/GT £152.65, PC/SC £22.95, Rent / HB £6.50, Council Tax £2) Arrears £2, Arrears £2,393.30

34 Carers Allowance will be awarded but not be PAID, due to the Retirement Pensions of a higher value, however underlying entitlement will give the Carer/s Premiums x 2 (£33.30) within their applicable amount so additional PC will be due Rent & Council Tax will be nil due to PC/GT Due to backdating Pension Credit client will get a refund of any Rent & Council Tax already paid for that time. SDP X 2 WILL STILL BE PAID AS UNDERLYING CARERS DOES NOT STOP IT

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36 Couple with 2 children under 10 Husband works 18 hours at £130 weekly Partner has no income at all, but she recently got awarded DLA at Low Care (£21) and Low Mobility (£21) They also have Child Tax Credit at £110 and Child Benefit at £33.70

37 They had until April 2012 working tax credit at £70 weekly but due to the 24 hour rule this was stopped. They have a mortgage and are struggling to pay the bills etc. They already get full Council Tax Benefit What if any claims are available to them?

38 What about her claiming means tested ESA if she can get a sick line? Calculate (Ignore DLA) Income Now £s Applicable Amount £s Wages 130 Couple Earnings Disregard 20 Total ESA due £2.55 not a lot to help with the mortgage Anything else?

39 Now that she has the DLA she is classed as disabled for Working Tax Credit purposes so they are now due Working Tax Credit even although he only works 18 hours, this worth at about £70 weekly. That will help with the mortgage

40

41 Couple with one disabled child under 16, the child recently got the DLA at Middle Rate Care She works 22 hours earning £180 weekly.

42 They also have Child Benefit at £20.30 and Child Tax Credit at £65 weekly. No Working Tax Credit paid since April 2012 due to the 24 hour rule. Any other claims?

43 The Child Tax Credit at £65 weekly is very low for a disabled child? Suggesting that they have failed to tell Tax Credits that the child now has DLA? This DLA award will increase the Child Tax Credits by about £58 weekly, backdating is now limited to one month. Anything else?

44 He can now claim and backdate a Carers Allowance claim worth £59.75 weekly for him looking after the disabled child As he is now a Carer, she only has to work 16+ hours now (Rather than the previous 24 hours) to allow Working Tax Credit to be paid at about £70 weekly He can now claim and backdate a Carers Allowance claim worth £59.75 weekly for him looking after the disabled child As he is now a Carer, she only has to work 16+ hours now (Rather than the previous 24 hours) to allow Working Tax Credit to be paid at about £70 weekly

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46 Single person aged 48 who was working full time but is now off work sick. She is getting paid basic Statutory Sick Pay (SSP) at £86.70 weekly, she also has Working Tax Credits at £12 weekly and DLA at Low Rate Mobility. Any other claims?

47 What about Income Support? Calculate (Ignore DLA) Income Now £s Applicable Amount £s SSP Single Working Tax 12 Disability Prem 31 No Disregard ? Total Income Support due £4 weekly

48 SSP allows an Income Support claim if your income/s are below your applicable amount. Although HB & CTB count SSP as earnings and allow an earnings disregard IS counts it as other income with no earning disregard allowed.

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50 This man has been working part time for the last 4 years earning just £140 weekly for his 16 hours worked. He has now turned 60 and is asking you about him claiming Pension Credit? He lives with his brother who owns the house. Any claims?

51 Pension Credit is not available at this time unless you are over 61.5 so that is not an option. What about Working Tax Credit? People aged over 60 can now get WTC if they work over 16+ hours and their income / earnings are low enough? He should get about £37 weekly

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53 This couple are both under 60 She works full time earning £400 weekly His only income now is his Occupational Pension at £200 weekly They own the house with no mortgage and pay full Council Tax

54 They have a disabled daughter with Downs Syndrome in the house she is aged 30 She has ESA (£121.65) and DLA at the High Rate Care and High Rate Mobility They are asking for a benefit check for their daughter?

55 Clearly the daughter has her full legal entitlements at this time! Dad can claim and backdate Carers Allowance at £59.75 weekly His Occupational Pension at £200 weekly does not stop him claiming this He should let HMRC know as Carers Allowance is a taxable benefit so he may pay more tax on his pension

56 Looking at the daughter with the High Care of DLA and Downs Syndrome the chances are she would fit the severely mentally impaired criteria for Council Tax exemption That then leaves 2 adults in the house mum and dad. They could both claim a Carers Exemption from Council Tax making them both invisible as well that leaves no adults in the house so a 50% Council tax discount would apply.

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58 This person has a severely disabled child with DLA and has had Carers Allowance at £59.75 weekly for the past two years She also works 12 hours weekly earning £98 so is just below the Carers earnings limit at £100, her partner works full-time. Her employer has asked her to work 10 hours overtime for the next 3 weeks She is worried about her Carers Allowance stopping and is looking for your advice?

59 Once you have had Carers Allowance for over 22 weeks you are allowed 4 weeks holidays or a break from caring just like someone employed During this 4 week period you can go over the normal £100 weekly earnings limit and remain entitled to Carers Allowance This can be done every 22 weeks

60

61 This couple have come to you looking for help as he has been made redundant last week after 35 years He is 61 years old. He got £25,000 redundancy and has a weekly company pension at £124 weekly She is 63 with her old age pension at £66 weekly

62 He has been told by his union at work to claim Jobseekers Allowance they say he should get £71.70 weekly Contribution Based JSA for 6 months due his previous National Insurance Contributions They have full rent to pay at £70 weekly and full Council Tax at £25 weekly What would you advise them to do?

63 He could claim Contribution Based Jobseekers but he would get nothing due to his works pension as anything over £50 comes of his JSA £ for £ So £124 - £50 = £74 excess Their capital at £25,000 will then stop any claim for HB & CTB

64 She should be advised to claim Pension Credit. Calculation: Income £s Applicable Amount £s Old Age pension 66 Couple Work Pension 124 Savings Tariff 30 Total Pension Credit Guarantee due £2.05 weekly More importantly they now get full HB at £70 & full CTB at £25

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66 If you come across anyone who has full HB and/or full CTB and they are not on a means tested benefit alarm bells should start ringing as they may be below their applicable amount and possibly should be claiming something else?

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68 Couple under 40: She has DLA at Middle Rate Care and Employment Support Allowance at £ weekly. He is off work sick and has Statutory Sick Pay from work at £86.70 weekly. She claims HB & CTB and they pay rent at £16.80 and Council Tax at £5.17 both weekly.

69 HB / CTB Calculation (Ignore DLA) Income now £ Applicable amount £ Employment Support Couple ESA Work Related 141 Statutory Sick Pay SSP Disregard 20 Total Total 161 Excess Income £25.85 (£ £161 = £25.85) Rent x 65% = £16.80 Council Tax x 20% + £5.17 Any claims? HB / CTB Calculation (Ignore DLA) Income now £ Applicable amount £ Employment Support Couple ESA Work Related 141 Statutory Sick Pay SSP Disregard 20 Total Total 161 Excess Income £25.85 (£ £161 = £25.85) Rent x 65% = £16.80 Council Tax x 20% + £5.17 Any claims?

70 Can he claim Carers Allowance while on Statutory Sick Pay?

71 Income now £ Applicable amount £ Employment Support Couple ESA Work Related 141 Statutory Sick Pay SSP Disregard Carers Allowance Carer Premium Total Total Excess Income £52.30 (£ £ = £52.30) Rent x 65% = £34 Council Tax x 20% = £10.46 Any claims? Income now £ Applicable amount £ Employment Support Couple ESA Work Related 141 Statutory Sick Pay SSP Disregard Carers Allowance Carer Premium Total Total Excess Income £52.30 (£ £ = £52.30) Rent x 65% = £34 Council Tax x 20% = £10.46 Any claims?

72 Swap the Housing Benefit claimants?

73 Income now £ Applicable amount £ Employment Support Couple Statutory Sick Pay SSP Disregard Carers Allowance Carer Premium Disability Premium Total Total Excess Income £36.55 (£ £ = £36.55) Rent x 65% = £23.76 Council Tax x 20% = £7.31 Income now £ Applicable amount £ Employment Support Couple Statutory Sick Pay SSP Disregard Carers Allowance Carer Premium Disability Premium Total Total Excess Income £36.55 (£ £ = £36.55) Rent x 65% = £23.76 Council Tax x 20% = £7.31

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75 Asset rich cash poor The assessed income period and change of circumstances The assessed income period and change of circumstances If you are over the age of 65 you may be given a Pension Credit Guarantee award that lasts for 3 years or longer. If you are over the age of 65 you may be given a Pension Credit Guarantee award that lasts for 3 years or longer. This is known as the Assessed Income Period (AIP). This is known as the Assessed Income Period (AIP).

76 Single: Aged 74 has Pension Credit Guarantee at £79.40 weekly and her basic Retirement Pension at £66 weekly giving a weekly total income of £ Aged 74 has Pension Credit Guarantee at £79.40 weekly and her basic Retirement Pension at £66 weekly giving a weekly total income of £145.40

77 She owns her own house with no mortgage She has an AIP lasting until 2018 She feels the house is too big for her and has been finding the stairs difficult She has recently been allocated a rented sheltered property by the Council / Housing Association She pays no Rent or Council Tax as the old house is up for sale (Value is ignored while up for sale for 6 months or longer) Housing Benefit pays her rent in £65 weekly direct to the Council / Housing Association Council Tax Benefit pays her Council Tax due at £18 weekly She has since sold her old house for £166,000

78 How will having this new capital affect her On Going Pension Credit Guarantee claim? How will £166,000 in savings affect her Housing Benefit & Council Tax Benefit claims?

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80 This middle age couple have various benefits paid including? Incapacity for him at £107.35, he also has an Income Support top up at £49.40 making a total of £ weekly. He also has DLA at Middle Care and just recently his partner has also been awarded Middle Care of DLA as well. They are requesting a benefit check?

81 Due to the new DLA award they are now due a double Severe Disability Premium worth an extra £119 weekly. Carers Allowance can be claimed by him but it will not be paid due to his Incapacity Benefit at a higher value. They will still get the Carer Premium at £33.30 added.

82 If his partner claimed Carers Allowance it would be paid giving them the extra value of the Carer Premium at £33.30 weekly. But they would then lose one SDP worth £59.50 weekly, so a net loss of £26.20 weekly Any backdated Carers Allowance does not lose any SDP already paid.

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84 The Severe Disability Premium This worth £59.50 per person who qualifies and is paid in most means tested benefits. To qualify you must have middle or high care of DLA, AA, PIP daily living component or certain industrial injuries and war disablement pensions. And You count as living alone And No one gets paid Carers Allowance for you

85 The Carer Premium This is worth £33.30 for each person that qualifies and is included in means tested benefits. To qualify you must claim and be paid Carers Allowance or have entitlement but not paid due to another overlapping benefit of a higher value. Overlapping benefits include, Contribution Based ESA, Incapacity, Severe Disablement Allowance (SDA), Retirement Pensions, Maternity Allowance, Contribution Based Jobseekers, Widows and Bereavement Benefits. No claim is needed in Universal Credit

86 END Questions and Answers?


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