For your benefit

Adrian and Adam quiz Barbara on benefits

Barbara Williamson of Camberley Citizens Advice answers your questions about benefits.

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Mary Jordan from Chesterfield writes: "For the last 18 months, I've been receiving Carer's Allowance for looking after my husband who has emphysema.

"I'm now 60 and because my retirement pension starts, this allowance will stop - I'm not allowed two benefits. But, my employer and I paid for my pension, so it's not a benefit, and my husband won't suddenly get better just because I'm a day older."

It's an issue which baffles a lot of older carers and relates to the fact that Carer's Allowance and Retirement Pension are both earnings replacement benefits, and in general, you can only be paid one earnings replacement benefit at a time.

The rules say that where you can qualify for two of these benefits, the one which is based on your National Insurance contributions will be paid first.

That means that retirement pension is paid in preference, as it is based on National Insurance contributions while Carer's Allowance is not.

In some cases, you can be paid a small amount of both at the same time, but even if someone can't be paid Carer's Allowance because of their retirement pension, it is often worthwhile for them to put in a claim for it.

This is because the "underying entitlement" to that benefit can "passport" them to a higher amount of a means-tested benefit they could claim - such as the Pension Credit or housing benefit.

Nick Saunders is trying to get information about moving to France. Pensioners can keep benefits and pensions but for the disabled, it seems to be tough luck - after six months abroad, benefit stops.

His Disability Living Allowance (DLA) and Severe Disability Allowance (SDA) total £600 a month. Any advice?

Many UK benefits have presence and residence conditions, which mean that if you go abroad for a particular length of time, you stop being entitled to them.

So Nick is correct in saying that his DLA and SDA would stop after he has been abroad for a period - in the case of these two benefits, this would be after 26 weeks.

But there is a further problem for Nick in that SDA has been abolished for new claims. This means that if he lost entitlement to SDA because he went abroad, he wouldn't be able to reclaim it on his return, although he could reclaim his DLA.

He is also right to say that state retirement pension can be paid to pensioners who move abroad - although their pension is not uprated every year, as pensions in the UK are.

Simon from Dorset has a similar problem - he's on long-term incapacity benefit and industrial injury benefit. He's not expected to improve, so is considering the warmer climate in Europe.

If he does keep his benefits, will they be paid in sterling or euros - and will he be eligible for free local healthcare abroad?

Simon's industrial injuries benefit may be paid while he is abroad: it depends which type of benefit he gets.

Industrial injuries disablement benefit is payable while you are abroad but constant attendance allowance and exceptionally severe disablement allowance are only payable for a short period and would then stop.

If Simon gets reduced earnings allowance, that will stop after three months, and he won't be able to reclaim it if he returns to the UK - for the same reason Nick couldn't reclaim his SDA.

For more information, you can contact the Centre for Non-Residents; telephone on 0845 915 4811 - Leaflet NI38 will tell you about what benefits you are entitled to abroad.

Russell Gilger and his partner are expecting their first child in December. Due to a long commute and childcare expenses, it will be better for his partner to quit work and stay home.

What entitlements would they have to state benefits?

If they are earning up to to £66,000 a year between them they can claim Child Tax Credit.

If their child were over the age of one it would stop at £58,000.

But they should be aware that the calculations are based on the 2001/02 tax year. The chances are that their income is much lower this year, so they should ask for it to be based on this year's income.

If Russell's income from employment is low enough they might qualify for Working Tax Credit and also housing benefit and council tax benefit.

John Wood from Kent says: "When tax is being collected, a married couple are treated as two separate people but when it comes to claiming benefit, we're treated as a single unit.

"My wife works over 16 hours a week and regardless of what she earns, it means I can't claim for anything other than basic Jobseekers Allowance."

John Wood is right in what he says about benefits and couples, but I'm not sure most people wouldn't agree that this is fair. Spouses and partners are expected, in law, to support one another.

Sandra Kay from Perthshire asks: "Why does the amount paid for incapacity benefit not equal the minimum wage?"

I really don't know how the levels of earnings replacement benefits are set, but I suspect that the low level at which the benefit is currently payable can be traced back to "reforms" of the 1980s and 1995, both of which appear to have been intended to reduce the levels of claiming of incapacity benefits.

Nowadays, compared with the early days of the welfare state in this country, far fewer people can qualify for contribution-based benefits like incapacity benefit because the claiming criteria have been tightened and they have to claim means-tested benefits instead.

And those who can qualify for these earnings-replacement benefits have to claim means-tested benefits to top them up, as they are not enough to live on.

I guess the policymakers would say that if levels of benefits are set too high, there is a disincentive to work.

Maggie Wilson from Herts says: "My husband receives a state pension of £58 a week. Our council tax is £33 a week and we have to use our savings for bills.

"The benefits office say he's eight years short in his self-employed stamps. He disputes this but the onus is on him to prove it. I recently read about a lady who's never worked or paid contributions since marriage, being awarded £69 a week. Can we appeal in our case?"

Yes, they can appeal, although before 1999 you couldn't.

They should seek advice from their local Citizens Advice to see how they can go about it.

It won't be easy to prove as Maggie's husband will need to have letters, receipts etc to show he did make contributions while he was self-employed.

In the meantime, it's worth looking into whether they qualify for Pension Credit, as I think there's a lot of under-claiming going on among the under 60s.

Dawn from Leeds says: "I'm about to be made redundant and would like to know the benefits available and eligibility thresholds.

"If I'm over, should I dispose of my redundancy pay, savings and investments or just wait until I've used them up naturally and only then claim benefit?"

The most obvious benefit she can claim is the contributions-based Jobseekers Allowance. There aren't any capital limits on that - you can have £50,000 in the bank and still claim it.

If she needs that to be topped up by income-based Jobseekers Allowance then there's an upper capital limit of £8,000.

The second part of her questions raises some interesting points.

The Department of Work and Pensions can treat you as still possessing capital if they can establish that you spent it or got rid of it in order to qualify for some, or more, benefit.

For example, if Dawn got a lump sum of £10,000 and bought a quarter share in a racehorse, the chances are that she would still be treated as if she had that £10,000.

This is one of the more controversial and interesting areas of social security.

Judy Cuthbert writes: "I'm on long-term benefits due to ill health but have a Non-Protected Rights pension plan due to mature in 2007 when I'm 50. I assume this will affect my benefits, so can I defer it until age 65?"

This is another aspect of the previous question - in this case, if you deprive yourself of income rather than capital does it make you more eligible for benefits?

But one exception which might help Judy is if she defers claiming an occupational or personal pension under the age of 60.

However, once you reach 60 you can be caught out by the rules.

She does need to tell the DWP about this pension but she shouldn't be caught by the rule concerning deprivation of income.

Mr Poplett is 57 and disabled. When he and his wife were left some money he came off income support, and now pays for everything out of this money.

Would it be better to spend most of their savings and go back on benefit or carry on paying the bills from savings and getting no benefit?

If his wife is 60 or over, they may be able to claim Pension Credit as there is no upper ceiling on the amount of capital a claimant can have and still receive Pension Credit.

If she is under 60, and their savings are less than £16,000, they may be able to claim Housing Benefit and Council Tax Benefit.

Again, he raises the question of depriving yourself of capital in order to claim benefit - if he spends capital just in order to qualify, he might be treated as still having that capital.

Kaye Miller, Lincolnshire - I no longer get income support and am finding it impossible to get my child support resumed by the Child Support Agency. What can I do?

While she was claiming Income Support, presumably the CSA were collecting her child maintenance for her.

Despite coming off income support, there is nothing in her question which suggests that she isn't still entitled to maintenance.

I'd suggest she persists, and makes a written complaint to the CSA about what has happened - she may want to enlist her local CAB's help, or that of her MP.

In some circumstances, the CSA can pay compensation if they haven't been sufficiently diligent in collecting someone's maintenance.

Also, has Kaye claimed Child Tax Credit? If she is in work, has she claimed Working Tax Credit? Maintenance does not reduce the amount of these benefits, so it's worth her while, financially, in persisting.

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The opinions expressed are Barbara's, not the programme's. The answers are not intended to be definitive and should be used for guidance only. Always seek professional advice for your own particular situation.