ESA problems

Im on DLA (HM+LC)(via CAB filed forms for higher care and still waiting for reply)

I have been trying to claim ESA to be able to support myself after my stbx left. It seems to be the only benifit I will be able to claim in my case.

In June via CAB filed forms ESA3 special circumstances and they backdated to Jan2012.

I was in contact various times with ESA in July, August claim was denied.
After more calls to them ESA said I claimed ''''wrong'''' and they did not know my husband has moved out and Im on my own.It shouldve been for Income support.
I believe ESA was wrong I did file form ESA3 and not the normal form, but anyways.
I asked if there is other forms they said no.

I did receive 2 calls from them in September asking me questions. What date stbx left : 1 August
And stbx is paying only for next 4mths till Feb 2013 to me £50p/week
and Gas/elec £150pm,
council Tax £71pm (reduced last mth single from £114)
and mortgage £737pm.

Did call them 2nd week in Oct, was told claim open and lady will send email to Decision maker.

How long does this take and what happens next. My understanding is that I have to be on a benifit to be able to claim any CT or housing benifits.(mortgage)

The money from stbx currently is only for next 4mths and Im worried.
I also want to contact the Mortgage company to find out what is the least amount I have to pay on mortgage or if I can change to interest only.

We have not come to a settlement on finances but I am keeping the MH was agreed. But I need to find out if I will be able to afford to stay in MH on my own.

I also want to claim Spousals Maintanance and will defnitely get some for while but stbx is 63 and Im 59.

Dont know how to ask the question, But what figures or amounts are best to claim SM or how is ESA income support affected.
Will I have to wait till March to receive ESA only after stbx stop paying in Feb2013.

Im worried sick how Im going to support myself if I dont get SM or only ESA. Dont know what else I can do.

It''s a long time since I did CAB and I have no intention of going back there.
It is possible ( perhaps likely ) that the reason you were denied IS/JSA/HB is that you were living with your ex , and if this is so, then if you cease to live together, you should become entitled if you satisfy the eligibility conditions. . That in turn will depend on your income and capital, but if you receive DLA then higher premiums can apply, which in plain English means that you can get a higher rate of benefit and also what are called passport benefits. The latter are perks that are available to claimants who are in receipt of certain benefits and can be quite valuable.
I''ve never been quite sure whether disability benefits affect SM. I paid SM for many years to an ex who had every disability benefit known to science. I''d be inclined to say that DLA is intended to cover the extra costs of disability, so therefore, if your income is higher, then so are your needs and the net effect ought to be neutral, the two cancel each other out.
My understanding is that, to claim HB or JSA, your income and capital have to be below prescribed limits . Some benefits count as income, some ( eg Child benefit and DLA ) do not, and with some there is what is called a disregard, which could mean, eg that the first £10 is ignored. Unfortunately I have been out of CAB for so long that I don''t have the up to date info. You''d need to check this with the CAB. Capital doesn''t include your home if it''s the home you live in.
SM can definitely count as income. We used to say that in a limited class of case, ( ie a benefits claimant receiving only a small amount in SM ) it may be worth limiting the SM you claim so that you are still on income support even if the IS only say £1 a week. The reason for this is, again, passport benefits like free prescriptions. These benefits could be worth a lot more than £1 a week. I don''t know if that''s still true but it''s well worth checking.
It''s pretty well settled that it is no reason, in itself, not to award SM because the payer could not afford to pay much. As an example, let''s suppose he could only afford to pay £20 a week and your JSA/IS would be £60 a week. It makes no difference to you, because you''d get £60 a week, but that is no reason for him not to pay. Dare I suggest that this is the whole rationale of SM - to save money for Mr Osborne.
You should certainly claim SM as a matter of course, I would have thought, and that is entirely separate from benefits. You do that by ticking the box in the Petition and/or Filling in Form A.
There are some benefits which are not affected by the claimant''s income, eg DLA, and the Courts have made it clear that it''s perfectly OK to claim benefits to which you have a legitimate entitlement.
I suppose I must make the qualification that I haven''t done CAB for years and the whole thing is so complicated that I sometimes think you need a degree to understand it. I do have a degree, but in law, not applied mathematics. So I think you would be well advised to check this answer with CAB, you can show them what I have said if you like.
LMM

Thank you LMM, this is of great help to me.

Im the Respondant and just signed the AOS last week. My next step is to file form A if stbx sols do not respond to my letter to settle our finances.

I want to claim at least £250 per week SM (£1000pm)for 3-5yrs as he is 63, but dont want to ''''shoot myself in the foot'''' and not receive the ESA IS thats £71 per week, and CAB said I will receive exstra £28 ??. They said my DLA does not count as income.

Where do I find the limit/figure as my income needed per month/week?

Will I be able to get IS £71,plus premium £28, plus SM £250, thats £349 per week income then
Or will I have to lower the SM amount or can it be higher (he can afford this on his income)

As a matter of interest - why do you want to limit your claim to 3 years or so ?
Well I know he will retire, and when that happens there will od course have to be an adjustment. But he may still have the wherewithal to pay you a reduced figure. I don''t know whether this is justified.
If if has a pension, is it possible for you to claim a share ? In which case there may not be a worry about your post retirement income.
You could keep your DLA no matter what.
LMM

LMM

STBX intentionally harmed our future,when he ''retired'' in 2007 without my knowlegde, received lumpsum £120,000, and currently his retirement pa is only about £8500...It was £15000pa but declining as he takes 12%,every year while he is earning £3800-£4800 per month.

His offer is to keep his pension and I can have the MH, but has a joint mortgage of £106,000 and wont give me a penny SM.

His pension not worth much to me but Im claiming at least 50% of the £8500pa.
I want the home yes, just have to work out how I will be able to afford this.
My offer to him/his sols was also for £1500 per month SM for 3yrs and then £1000 per month joint lives.

He never told his sols Im disabled and cant work anymore and I gave her the facts and figures on 18Sept and gave them 14days to come to a settlement???still waiting for them to reply.

Just wondered if I might have been crazy with my claims and also if Im being disrespected because I dont have a solicitor.

He is a very hard worker and will work till he die one day, but did say he would rather give up his job(as they all do)than pay me SM. I just dont want to depend on ''''his'''' money if I can receive the ESA IS instead.

Look, you need to do some creative thinking here.
1. It is common for men to threaten to give up work rather than pay SM, but it is rarely if ever carried out. What would he do without income ?
2. But in any event, if he is approaching retirement, SM, even if he paid it, would almost certainly be reduced,
3. You may want the FMH but I just can''t see how you can possibly service that kind of a mortgage on what you''re likely to get. You may not want to sell, but you need to look at your future housing needs, the more so if you are disabled. And you may need a house where the running expenses are lower.
4. You would need to look at your benefit income post retirement. A CAB should be able to help. I''d advise that fairly quickly, because you need to consider the divorce and your retirement as part of the same process.

LMM

Just received a call from ESA and they confirmed I will get the IS of £40 pw as Im receiving £50 pw from Stbx.

I mentioned he''s only paying £50 till Feb another 2mths. They informed me I can apply again with proof then.

The only document I have is his sols letter with his ridiculous offer and claims but its confidential. And then my bank statements will show this after Feb 2013. Will this be enough evidence.

Im so grateful that ESA IS is approved at last.

Will I be able to claim Housing benifit now or help with my mortgage interest payments? Stbx is paying Mortgage till Feb 2013 as well. Or do I have to wait until then.