Presentation on theme: "Welfare Rights Training 2013 October 2013 changes? Mandatory reconsideration comes in for almost all DWP benefits. Any DWP decision given after 28 th."— Presentation transcript:
Welfare Rights Training 2013
October 2013 changes? Mandatory reconsideration comes in for almost all DWP benefits. Any DWP decision given after 28 th October 2013 means that the person must first ask the DWP to look again at this decision (Reconsider) before being able to appeal to a tribunal. During this dispute period NO benefit is paid, once the dispute has been dealt with and an appeal submitted (Directly to the tribunal service) benefit can re-start.
For many people on means tested ESA this will be a very difficult time as this dispute period has no time limit for the DWP to make a new decision. So many ESA claimants will be left with no money at all or be forced to claim Jobseekers. If an ESA claimant claims Jobseekers and then gets told the ESA dispute decision they must then appeal directly to the tribunal service and request the JSA is stopped and the basic ESA re-started pending the appeal SWF & food banks be ready.
Others who will face hardship include people who have had their on-going benefit stopped for any other reason? Lone parent accused of having a partner? JSA claimant accused of working while claiming? New form needed to dispute decisions? New form needed to appeal decision SSCS1 GL24 appeal form should still be used for decisions made before 28 th October 2013
DLA to PIP The move from DLA to PIP for existing claimants turning 16 and others reporting a change to their condition has been delayed and does not effect anyone in the D&G area at this time. Claimant Commitment? Again not in this area until March 2014 at the earliest Universal Credit? A shambles and not likely to come to this area for many years which is good news.
INCOME MAXIMISATION What’s 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.
How do you do this? INCOME MAXIMISATION
Interview and listen carefully
Write down or record the facts / information given on a case record sheet
Check this information again at the end
Calculate existing entitlements using the above information
Submit and backdate any and all existing claims identified at this first stage
Identify any possible new claims due
Re-calculate again as if these claims where awarded / paid claims where awarded / paid
Submit any and all claims that would become payable only if or when these new claims are paid / awarded
Clearly explain to the client what will or will not happen
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.
CALCULATE (Ignore DLA) Income now £ Applicable amount £ Incapacity Benefit Tariff on Savings Pensioner Single Total Total ANY CLAIMS? NEW CLAIMS?
RE-CALCULATE (Ignore DLA) Income now £ Applicable amount £ Incapacity Pensioner Single Tariff on savings Pension Credit Total Total
Claims: Pension Credit due £33.05 weekly (£ £ = £33.05 PC due) Arrears 13 x £33.05 = £ (27/10/08 limited backdating to three months)
Couple under 60: He has since August 2013 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.
Calculate (Ignore DLA) Income Now £’s Applicable Amount £’s ESA (CB) Couple ESA Carers Allowance Carer Premium Total Any Claims?
Re-Calculate (Ignore DLA) Income Now £’s Applicable Amount £’s ESA (CB) Couple Carers Allowance Carer Premium Means tested ESA Total ESA can be backdated 3 months
He had in August 2013 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 2013 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?
What about her claiming Income Support? Re-Calculate (Ignore DLA) Income Now £’s Applicable Amount £’s ESA (CB) Couple Carers Allowance Carer Premium Disability Premium Total Income Support now due at £58.60 Means Tested ESA was due at £14.40
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
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
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)
ANY CLAIMS? NEW CLAIMS?
Claim: Carers Allowance x 2 Pension Credit Backdated three months
RE-CALCULATE (Ignore DLA & AA)
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)
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
Couple with 2 children under 10 Husband works 18 hours at £130 weekly Partner has no income at all, she recently got awarded DLA Low Care (£21) They also have Child Tax Credit at £110 and Child Benefit at £33.70
They had until April 2012 working tax credit at £70 weekly but due to the 24 hour couple rule this was stopped. They have a mortgage at £50 weekly and are struggling to pay the household bills etc. They already get full Council Tax Benefit What if any claims are available to them?
What about her claiming means tested ESA if she can get a sick line or Jobseekers Allowance? Calculate (Ignore DLA) Income Now £’s Applicable Amount £’s Wages 130 Couple Earnings Disregard 20 Total ESA or JSA due £2.55 not a lot to help with the mortgage Anything else?
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
Couple with one disabled child under 16, the child recently got DLA at Middle Rate Care She works 22 hours earning £180 weekly.
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 couple rule. Any other claims?
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?
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
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?
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
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.
This man has been working part time for the last 4 years earning just £140 weekly for his 18 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?
Pension Credit is not available for people aged 60 now so that is not an option for him. 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
This couple are both under 60 She works full time earning £400 weekly His only income now is his work Occupational Pension at £200 weekly They own the house with no mortgage and pay full Council Tax
They have a disabled daughter with Downs Syndrome in the house 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? Clearly the daughter has her full legal entitlements at this time! Anything Else?
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 Anything else?
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.
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?
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
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
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?
He could claim Contribution Based Jobseekers at £71.70 weekly but he would get paid 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
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
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?
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.
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?
Can he claim Carers Allowance while on Statutory Sick Pay?
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 other 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 other claims?
Swap the Housing Benefit claimants?
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
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?
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.
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.
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
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