ESA Help?!

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My son is 18, severely autistic with learning disabilities. Within a few weeks he will be moving to his own house and have care staff with him 24/7.

I'm in the process of applying for ESA for him, as obviously he can't work, but I'm a littke concerned and confused.

It appears that he'd receive £55 a week for at least 13 weeks under the assessment period, which is incredibly low?

I've read about the severe disability premium, that would be payable from the start, and he does receive enhanced rate PIP, but everyone seems unclear on the rules. I know you can't claim it if you live with someone who isn't disabled or if someone claims carers allowance for you. But it states you can if you have paid or voluntary carers who aren't 'live in' carers. Would the overnight care staff be classed as live in or not?

Isn't there a member of the care staff that can help you with this as they must have done this in the past for other people??

Nope, it's down to me to sort. I have talked to them and they just said to check with places!! They did say that the guys they work with usually have more, but obviously there is the whole assesment period thing and I know most moving aren't 18 and just leaving education because education are bastards helpful, right?!

If he has care staff with him 24/ 7 then he doesn't live alone surely ? So I'm not sure he would get sdp .Esa £55 a week and enhanced PIP £140 a week is £200 a week . Does he have to pay for his accommodation from this £200 or is this fully funded? Not being funny but what does he need more than £200 a week for unless he needs to pay for accommodation or carers or do they take a portion of his benefits to pay for this supported living ?

His mobility component pays for his car (driven by care staff). He has to pay the bills on a 2 bed house, rent top up, diesel for his car and any activity (and activity is essential unless you think being in a house all day is a reasonable quality of life) and obviously food, clothing that constantly gets destroyed etc

In my experience the care staff are not classed as live in because they work on a rota which includes night shifts. It is a few years since I worked as a support worker though so the rules may have changed.

I'm a housing benefit assessor so I am familiar with the rules...

Overnight carers that are from an agency aren't counted towards SPD component of ESA.

Why does he have a rent top up?

Thank you Muriel that's what I was hoping, as what is normally titled a 'live in carer' is very different but some people seem to get it pulled from them.

Will be quite a relief if that's the case, as obviously I would be helping as much as I could if required but I'm exhausted and already having to furnish and equip the entire house and potentially pay his housing top up for a while while his asshole fathet celebrates no longer having to pay a measley amount of maintenance and doesn't want anything to do with him!

OP make sure you send the award letter for the enhanced PIP with the ESA application form.

Auspicious he has to have a private rental done through a company let via a housing association partnered with the care providers, due to specific needs and potential of damage to property (local general HA's won't touch!), infact we'd be looking for a potentiak purchase specifically for him to rent from them.

The only suitable property we've been able to secure is above the LHA rate for 2 bedrooms. I've been told he has to pay the top up by his SW

I'm a Welfare Rights Officer

Your son should receive his basic ESA plus the enhanced disability premium (£15.90) as long as his claim is income based

He may also be due the severe disability premium (£62.45 ) if he lives in his own and no-one claims Carers Allowance in his respect

Once assessed if placed in the Support Group that's an additional £36.55 per week so his ESA could potentially be £188 per week

There's an additional benefit you could claim for him called discretionary housing payments which is an extra payment with housing benefit if the lha rate is lower than the rental costs if he has a specific need for staying in the property (which I would agree he does).

Carole thank you! Nobody will be claiming Carers Allowance for him, he will be living alone but will have a team of carers on shifts so will never be alonr. Are we right in thinking that doesn't count as a 'live in carer' for severe disability premium purposes?

Sorry should have said his basic allowance at the moment is £57.90 per week which rises to £73.10 when assessed

So £188 is £73.10 + 36.55 sg + 15.90 edp + 62.45 sdp

Easiest way to claim is by phone on 0800 055 6688 which you can do on his behalf if you have POA or guardianship

From the local council

Thanks Auspicious will take a look. The difference between the LHA and the rent is £120 a month! He's a pain in the butt

Your right the Carers don't count so should be due the SDP

If he is on income based ESA will be due full Hsg Benefit/Council Tax Reduction less any bedroom tax tho should qualify for a discretionary housing payment to cover this

Good luck

£460.00 ish a week ( including mobility component removed) should be enough then .

Sorry added up wrong, with PIp daily living component comes to around £278 a week., minus any housing costs.

Enhanced rate PIP daily living is £83.10 per week

Contact your CAB they might have a benefits specialist who,will help completing the form and for PIP and any other benefits he might be entitled to.