Welfare Rights Training 2015

A claimant under pension age could be claiming A claimant under pension age could be claiming? Income Support Jobseekers Allowance Employment Support Allowance Incapacity Benefit Severe Disablement Allowance Universal Credit

Which one would give them the most income?

Would you be able to tell them which one to claim?

By the end of today you should be able to tell them!

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. Thus increasing the weekly income of any client.

INCOME MAXIMISATION How do you do this?

Interview and listen carefully

Think ahead

the facts / information given 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

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 normal He is 63, has CB-ESA at £109.30 and Low rate DLA Care at £21.80, he claims no HB & CT Benefit as refused earlier due to excess savings. So pays full Rent at £72 weekly and Council Tax at £14 weekly he has savings at £21,400. Benefit check requested. Interview, think ahead, write down, and check again, all done.

CALCULATE (Ignore DLA) Income now £ Employment Support 109.30 Savings £21,400 Savings limit £16,000 for HB – CTB – IB/ESA ANY CLAIMS? NEW CLAIMS?

RE-CALCULATE (Ignore DLA) Income now £ Applicable amount £ Incapacity 109.30 Pension Credit 151.20 Tariff on savings 23.00 Pension Credit 18.90 Total 151.20 Total 151.20

Claims: Pension Credit due £18.90 weekly (£151.20 - £132.30 = £18.90 PC due) Arrears 13 x £18.90 = £245.70 HB now due in full £72 weekly (Arrears £936) CT now due in full £14 weekly (Arrears £182) (Backdating limited to three months)

Couple under 60: He has Employment Support Allowance Contribution Based (CBESA) at £73.10 weekly and Disability Living Allowance at Middle Rate Care (£55.10) and Low Rate Mobility (£21.80) he also has an Occupational Pension at £24.25 weekly, she only has Carers Allowance at £62.10 They pay £6.50 rent and £2 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) 73.10 Couple ESA 114.85 Carers Allowance 62.10 Carer Premium 34.60 Occ Pension 24.25 Total 159.45 149.45 Excess income £10 x 65% (£6.50) x 20% (£2)

Challenge the ESA decision? Any other claims?

What about her claiming Income Support What about her claiming Income Support? Re-Calculate (Ignore DLA) Income Now £’s Applicable Amount £’s ESA (CB) 73.10 Couple 114.85 Carers Allowance 62.10 Carer Premium 34.60 Occ Pension 24.25 Disability Premium 45.95 Total 159.45 195.40 Income Support now due at £35.95 Rent & CT now paid in full so £8.50 weekly saved

Couple: Both over 65, one has DLA at Middle Rate Care (£55.10) and the other has Attendance Allowance at (£82.30) weekly The AA has only recently been awarded

Other incomes? Both have weekly Retirement Pensions at £160 & £98.30 They pay rent @ £6.50 weekly and Council Tax @ £2 weekly They live alone Interview, think ahead, write down, and Check again, all done

CALCULATE (Ignore DLA & AA) Income now £ Applicable amount (Before AA) £ Retirement Pension 160 Pensioner Couple 230.85 Retirement Pension 98.30 Total 258.30 Total 230.85 Over 65 So Add full Savings Credit To HB/CTB 17.45 (This is a HB & CTB figure only) (248.30)) Rent x 65% CT x 20% Excess Income 10.00 Council Tax paid now £2 Rent paid now £6.50

ANY CLAIMS? NEW CLAIMS?

Claim: Carers Allowance x 2 Pension Credit Backdated three months

RE-CALCULATE (Ignore DLA & AA)

Severe Disability Prem x 2 Savings Credit Due in full @ Income now £ Applicable amount Retirement Pension 160 Pensioner Couple 230.85 98.30 Severe Disability Prem x 2 123.70 Carer Premium 34.60 Total 258.30 423.75 Savings Credit Due in full @ £17.45 Rent paid now 00.00 Pension Credit Due £165.45 Council Tax paid now (£423.75 - £258.30 = £165.45)

Claims? Carers Allowance £62.10 x 2 (Underlying only) Backdated 13 weeks Pension Credit GT On-Going @ £165.45 weekly Backdated 13 weeks @ £2,150 Pension Savings Credit On-Going @ £17.45 Backdated 13 weeks @ £227 Housing Benefit increase @ £6.50 weekly Backdated 13 weeks @ £84.50 Council Tax increase @ £2 weekly Backdated 13 weeks @ £26 £191.40 weekly increase in income (PC/GT £165.45, PC/SC £17.45, Rent / HB £6.50, Council Tax £2) Arrears paid @ £2,488

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 (£34.60) 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 (£21.80) They also have Child Tax Credit at £115 and Child Benefit at £34.40

They had until April 2012 Working Tax Credit at £80 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 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 114.85 Earnings Disregard 20 Total 130 134.85 ESA due £4.85 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 again even although he only works 18 hours, this is worth about £80 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. Partner has no income

They also have Child Benefit at £20 They also have Child Benefit at £20.70 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 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, unless Tax Credits are told quickly following the DLA award. Anything else?

He can now claim and backdate a Carers Allowance claim worth £62 He can now claim and backdate a Carers Allowance claim worth £62.10 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 £80 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 £88.45 weekly, she also has Working Tax Credits at £12.55 weekly and DLA at Low Rate Mobility. Any other claims?

What about Income Support What about Income Support? Calculate (Ignore DLA) Income Now £’s Applicable Amount £’s SSP 88.45 Single 73.10 Working Tax 12.55 Disability Prem 32.25 No Disregard ? Total 101 105.35 Income Support due £4.35 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 £50 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 (£125.05) 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 £62 Dad can claim and backdate Carers Allowance at £62.10 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 some 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 £62.10 weekly for the past two years She also works 12 hours weekly earning £104 so is just below the Carers earnings limit at £110, 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 £110 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 £28,000 redundancy and has a weekly company pension at £124 weekly She is 63 with her old age pension at £68 weekly

He has been told by his union at work to claim Jobseekers Allowance they say he should get £73.10 weekly Contribution Based JSA for 6 months due his previous National Insurance Contributions They have full rent to pay at £80 weekly and full Council Tax at £25 weekly What would you advise them to do?

He could claim Contribution Based Jobseekers at £73 He could claim Contribution Based Jobseekers at £73.10 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 £28,000 will then stop any claim for HB & CTB

She should be advised to claim Pension Credit She should be advised to claim Pension Credit. Calculation: Income £’s Applicable Amount £’s Old Age pension 68 Couple 230.85 Work Pension 124 Savings Tariff 36 Total 228 230.85 Pension Credit Guarantee due £2.85 weekly More importantly they now get full HB at £80 & full CTB at £25

Couple under 40: She has DLA at Middle Rate Care and Employment Support Allowance at £102.15 weekly. He is off work sick and has Statutory Sick Pay from work at £88.45 weekly. She claims HB & CTB and they now pay rent at £17.35 and Council Tax at £5.34 both weekly.

HB / CTB Calculation (Ignore DLA) Income now £ Applicable amount £ Employment Support 102.15 Couple ESA Work Related 143.90 Statutory Sick Pay 88.45 SSP Disregard 20 Total 190.60 Total 163.90 Excess Income £26.70 (£190.60 - £163.90 = £26.70) Rent x 65% = £17.35 Council Tax x 20% + £5.34 Any claims?

Can he claim Carers Allowance while on Statutory Sick Pay?

Income now £ Applicable amount £ Employment Support 102 Income now £ Applicable amount £ Employment Support 102.15 Couple ESA Work Related 143.90 Statutory Sick Pay 88.45 SSP Disregard 20.00 Carers Allowance 62.10 Carer Premium 34.60 Total 252.70 Total 198.50 Excess Income £54.20 (£252.70 - £198.50 = £54.20) Rent x 65% = £35.23 previously £17.35 Council Tax x 20% = £10.84 previously £ 5.34 Gained Carers at £62.10 Paying extra £23.38 in Rent & CT Any other claims?

It may be your Council would do this anyways?

Swap the Housing Benefit claimants?

Income now £ Applicable amount £ Employment Support 102. 15 Couple 114 Income now £ Applicable amount £ Employment Support 102.15 Couple 114.85 Statutory Sick Pay 88.45 SSP Disregard 20.00 Carers Allowance 62.10 Carer Premium 34.60 Disability Premium 45.95 Total 252.70 Total 215.40 Excess Income £37.30 (£252.70 - £215.40 = £37.30) Rent x 65% = £24.25 Council Tax x 20% = £ 7.46 Previously £35.23 Previously £10.84 Total Saving of £14.36

This middle age couple have various benefits paid including This middle age couple have various benefits paid including? Contribution based ESA for him at £109.30 he also has an Income based ESA top up at £64.35 making a total of £173.65 weekly. He also has DLA at Middle Care and just recently his partner has also been awarded Low Daily Living of PIP as well. They are requesting a benefit check?

Due to the new PIP award they are now due a double Severe Disability Premium an extra £123.70 weekly. Carers Allowance at £62.10 can be claimed by him but it will not be paid due to his Contribution Based ESA £109.30 paid at a higher value. They will still get the Carer Premium at £34.60 added.

If his partner claimed Carers Allowance it would be paid giving them the extra value of the Carer Premium at £34.60 weekly. But they would then lose one SDP worth £61.85 weekly, so a net loss of £27.25 weekly. Any backdated Carers Allowance does not lose any SDP already paid.

The Severe Disability Premium This is worth £61 The Severe Disability Premium This is worth £61.85 weekly 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 £34 The Carer Premium This is worth £34.60 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

The Disability Premium in HB, CTB, IBJSA & IS Any of the following will allow this premium at £32.25 weekly for single people and £45.95 for couples? DLA, PIP, SDA, & Incapacity

The Enhanced Disability Premium in HB, CTB, IBJSA & IS The High Care of DLA will allow this premium at £15.75 weekly for single people, £22.60 for couples and £24.43 for children?

The Enhanced Disability Premium in HB, CTB, IB/ESA The Support Group of ESA will also allow this premium at £15.75 weekly for single people, £22.60 for couples

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?

END Questions and Answers?