Help - benefits threatened because my mum stays over to help

traytb

I recently had a call from the benefits agency accusing me of having my mum living with me and threatening my single person council tax and housing benefit and esa would have to be paid back.  I suffer from fibromyalgia, mental health issues, scoliosis, emphysema and I struggle to leave the house and I have a 5 year old.  They rang up stating theyd be ringing back and I should tell the truth when they do.  Apparently they've had a malicious report stating that my mum is living here.  Please can someone help me how many nights is my Mum allowed to stay here to help with the house, taking my son to school etc but also because I have night terrors and pain flare ups and exhaustion.  Please help, thanks.  

Sam_Alumni

Hi @traytb
I cant find an official answer Im afraid, will have another look tomorrow.

Sam_Alumni

Hi @traytb
I have passed this on to our benefits advisor, so I hope you will have an answer soon. How are you getting on?

BenefitsTrainingCo

traytb,
There's no maximum number of nights your mum can stay over, it doesn't work like that. What we have to look at is whether your mum is 'normally living with' you. If she was, she would be a non-dependant. That wouldn't affect your ESA, but it could affect your council tax & housing benefit.

Your mum isn't normally living with you because she has her own home which she returns to regularly, and where she mostly sleeps, I'm guessing. She keeps all her things in her own home. I'm assuming she has bills to pay on her own home too! So when they ring back, just tell the truth - that your mum has her own home, but occasionally stays with you to help out. Tell them as much about your mum's own home as you can. Emphasize that she has no intention of moving in with you, she is just helping you because you are a disabled person & without her, you wouldn't be able to manage everything in your house & your son wouldn't get to school. She stays overnight sometimes because of the problems that you have at night. She's effectively behaving as a carer but assuming that she has her own home where she mostly lives she is NOT living with you.

Please don't let them bully you - you are in the right. Your mum is just trying to help you. Do you get PIP or DLA? I'm just wondering out loud here as to whether your mum could claim carer's allowance, but it would depend on her overall situation too. Anyway for now, the main thing is to give the DWP a full picture of the situation when they ring back. Your ESA is NOT affected either way.

If anything happens to your housing benefit or council tax, get advice straight away and challenge the decisions. But it shouldn't. Your mum isn't 'normally living with' you as she has her own home where she normally lives. The fact that she has her own home where she presumably pays rent, council tax, water etc is relevant. I assume she has her post sent to her own home too? And that she keeps most of her clothes & other belongings at her own home. All of that is relevant so explain as much of that as you can. There's no number of nights rule, but I think you should explain that your mum spends time in her own home too, and that all the other issues (eg about her responsibility for the costs of her own home) are really relevant.

Will

poppy123456

If there's a PIP daily living or a DLA award then @traytb could be claiming the severe disability premium in with the ESA, so her mum claiming carers allowance for looking after her will affect this and will stop if her mum claims carers allowance. A benefits check is needed before her mum decides to claim this.

traytb

Sam_Scope said:

Hi @traytb
I have passed this on to our benefits advisor, so I hope you will have an answer soon. How are you getting on?

traytb

Hi sam 
thanks for your reply ive only just seen it, I'm ok I guess aside from my health issues of course.  They stopped my ESA because they couldn't  get hold of me, but ive spoke to them since and its been reinstated now I'm basically waiting to hear back from them about the whole housing benefit/council tax issue.  I don't sleep well anyway but as a result of this I haven't slept hardly at all worrying about it.  Ive done all I can for now, fingers crossed.  Having support on here helps, thank you. 

Pippa_Alumni

Glad to see you've had some guidance @traytb, and pleased to hear your ESA has been reinstated. Please do keep us updated and we'll advise where we can, and I hope today is as kind as possible to you!

traytb

BenefitsTrainingCo said:

traytb,
There's no maximum number of nights your mum can stay over, it doesn't work like that. What we have to look at is whether your mum is 'normally living with' you. If she was, she would be a non-dependant. That wouldn't affect your ESA, but it could affect your council tax & housing benefit.

Your mum isn't normally living with you because she has her own home which she returns to regularly, and where she mostly sleeps, I'm guessing. She keeps all her things in her own home. I'm assuming she has bills to pay on her own home too! So when they ring back, just tell the truth - that your mum has her own home, but occasionally stays with you to help out. Tell them as much about your mum's own home as you can. Emphasize that she has no intention of moving in with you, she is just helping you because you are a disabled person & without her, you wouldn't be able to manage everything in your house & your son wouldn't get to school. She stays overnight sometimes because of the problems that you have at night. She's effectively behaving as a carer but assuming that she has her own home where she mostly lives she is NOT living with you.

Please don't let them bully you - you are in the right. Your mum is just trying to help you. Do you get PIP or DLA? I'm just wondering out loud here as to whether your mum could claim carer's allowance, but it would depend on her overall situation too. Anyway for now, the main thing is to give the DWP a full picture of the situation when they ring back. Your ESA is NOT affected either way.

If anything happens to your housing benefit or council tax, get advice straight away and challenge the decisions. But it shouldn't. Your mum isn't 'normally living with' you as she has her own home where she normally lives. The fact that she has her own home where she presumably pays rent, council tax, water etc is relevant. I assume she has her post sent to her own home too? And that she keeps most of her clothes & other belongings at her own home. All of that is relevant so explain as much of that as you can. There's no number of nights rule, but I think you should explain that your mum spends time in her own home too, and that all the other issues (eg about her responsibility for the costs of her own home) are really relevant.

Will

Hi Will

Yes I do claim PIP & motability and ive explained to them how much my mum helps me and how much I need her and how she is present to help me on a daily basis.  TBH I feel stuck between a rock and a hard place with the dwp.  I have to jump through hoops to prove I have extreme anxiety, depression and chronic pain from my fibromyalgia, then I'm being criticised shes at my home too much I feel like I cant win.  I explained bills etc available to prove she lives at her home but i was told that in itself is not proof, i said well how can i prove it then?  The 1st time she rang i was having an extremely bad day and i couldnt talk to her, so my mum did.  The 2nd time i was having a day which wasn't as bad so I spoke to her, i was even called me out about that insinuating I was somehow faking.  They tried to kick me out of esa support group 3 years ago, which I appealed at court and the judge agreed with me and even stated I was kicked off for reasons not true in law.  I just feel constantly harassed all the time.  Ive given my statement and now yet again its just a waiting game.  One thing I have noticed though is that my monthly PIP payment seems to suddenly come under a different heading, it used to be my NI number DWP PIP now it says DWP GB FB LP FUNDI do you have any incline as to whether this is because I'm under investigation?  I'm fed up of this, its making me even more ill than I already am.  Thanks for your support and if anyone could point me in the direction of any other support I may require and not be aware of, it would be appreciated.

Tracy.

traytb

poppy123456 said:

If there's a PIP daily living or a DLA award then @traytb could be claiming the severe disability premium in with the ESA, so her mum claiming carers allowance for looking after her will affect this and will stop if her mum claims carers allowance. A benefits check is needed before her mum decides to claim this.

traytb

traytb said:

poppy123456 said:

If there's a PIP daily living or a DLA award then @traytb could be claiming the severe disability premium in with the ESA, so her mum claiming carers allowance for looking after her will affect this and will stop if her mum claims carers allowance. A benefits check is needed before her mum decides to claim this.

traytb said:

poppy123456 said:

If there's a PIP daily living or a DLA award then @traytb could be claiming the severe disability premium in with the ESA, so her mum claiming carers allowance for looking after her will affect this and will stop if her mum claims carers allowance. A benefits check is needed before her mum decides to claim this.

Hi

Thanks for your reply, you are correct I do receive said benefit plus my mum earns too much pension to claim carers allowance anyway.

Andrew_Freeman1

traytb said:

I recently had a call from the benefits agency accusing me of having my mum living with me and threatening my single person council tax and housing benefit and esa would have to be paid back.  I suffer from fibromyalgia, mental health issues, scoliosis, emphysema and I struggle to leave the house and I have a 5 year old.  They rang up stating theyd be ringing back and I should tell the truth when they do.  Apparently they've had a malicious report stating that my mum is living here.  Please can someone help me how many nights is my Mum allowed to stay here to help with the house, taking my son to school etc but also because I have night terrors and pain flare ups and exhaustion.  Please help, thanks.  

"she would be a non-dependant. That wouldn't affect your ESA, but it could affect your council tax & housing benefit."
I am sorry but this is not correct. Your Mum will not be a non dependant or any other family member. I do not have the info to hand, but will find it and show you why this is the case.

LaughingLolly

How awful l that people who are already struggling are !are to question themselves. I'm so glad you have someone who cares enough about you to see a need and help you and your son.