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Old 18-11-2011, 18:31   #55
harwood red
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Re: Are we close to neighbours

Quote:
Originally Posted by wallop79 View Post
They wouldn't have been eligable to a joint claim to JSA as she would have to have been actively seeking work herself, and due to her health problems she probably wasn't looking for work. Why she wasn't claiming ESA (no1 can claim Incapacity Benefit anymore) is anyone's guess, again why wasn't she getting DLA, her husband could have then got Income support & carers allowance. The report speaks rubbish in saying she had to be diagnosed with a disorder to claim benefits. It seems more likely that they were frightened to approach her GP for the help needed (i.e to get a medical certificate) to claim the correct benefits as they feared she would have been put into care. All round its a sorry state of affairs, but as I said in earlier post, there's always two sides to every story.
I agree with you to a certain extent but this is where the job centre has failed, you can claim couple rate income related jsa even if the partner is not able to work which they have clearly stated she is not able to. If he was on contributory based jsa then the couple rate would come from a top up of income based jsa and yes you are correct in saying it is not a requirement to have a diagnosed illness to be able to get esa. Many people don't claim DLA as they don't really know about it and the carer's allowan.ce would have only kicked in if she got mid rate care.

TBH in all the couple should have been getting esa claimed for her and a claim for DLA if she got mid rate care then he could claim carer's allowance which would have meant he would have been entitled to the income support top up and not required to look for work as he would be deemed as a carer!
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