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ESA disability premiums advice

Hello All!
im the carer for my brother who is one of those people who were missed in the ESA migration and should be on income related not contributions. Anyway , 12 weeks in he's being assessed and I have a question with regards to the premiums as we can't figure out what he is and isn't entitled too.
upon speaking to a DWP telephone advice person, we were told that he wouldn't get the severe rate because he lives with me but he is a joint temant on the rental agreement.
however reading some of the comments on here and going on the turn2you site, it seems that if you are a joint tenant you should receive the highest amount! It's really conflicting and if anyone has any iformation on what he should be entitled too ... thanks so much
im the carer for my brother who is one of those people who were missed in the ESA migration and should be on income related not contributions. Anyway , 12 weeks in he's being assessed and I have a question with regards to the premiums as we can't figure out what he is and isn't entitled too.
upon speaking to a DWP telephone advice person, we were told that he wouldn't get the severe rate because he lives with me but he is a joint temant on the rental agreement.
however reading some of the comments on here and going on the turn2you site, it seems that if you are a joint tenant you should receive the highest amount! It's really conflicting and if anyone has any iformation on what he should be entitled too ... thanks so much
Replies
it is a 4 way tenancy agreement and he pays his share of the rent and he does claim housing benefit for this.
i spoke to DWP adviser and we were told that despite him being a named tenant on the agreement and despite him having HB to cover this, because the other tenants are family members he isn't eligible for the higher premium.
yet all the calculators say he is eligible and the gov criteria isn't clear at all.
any ideas how we can pursue this moving forward? Thanks
recognised that there are circumstances when people sharing accommodation should not be
expected, or may not be able, to provide care for the disabled person. For this reason, the
presence of certain people is ignored when deciding whether or not the disabled person lives
alone. This means, for example, that no account is taken of people (other than close relatives
of the claimant) who live in the same house because of a commercial arrangement.
thanks for your reply.
nobody claims carers allowance for him as two tenants work full time and one is a pensioner.
its interesting that they make this expectation isn't it because when the care act 2014 came into play, it clearly states that no family member is under any duty to provide care for a person over 18, so this assumption is quite conflicting with the law.
ironically it would also cost a lot more to put him into a residential placement . He has paid support currently to help him access the community.
its a shame he is penalised really for saving the public purse and for wanting to retain family links.
so the turn2us calculations are also misleading for situations like this?
thanks again poppy
i think my issue is that it assumes a duty to provide care when in law it is explicit that there is no duty to provide care. I'm wondering if this has ever been challenged through judicial routes?