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ESA /Carers
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10 years 3 months ago #129328 by Fleur33
ESA /Carers was created by Fleur33
Hi all,
Received my forms to be transferred from SDA for ESA today. I was told by a social worker, if I were to claim carers allowance for my severely disabled stepson, his DLA benefit would be cut so I did not apply when he became ill. I have now been told that this is not the case but that that I am not entitled to carers due to me claiming benefit myself. However, I have now been told I should apply for carers even though I cant claim it!! Very confused.
My husband works as does my Daughter & Son, in case that makes any difference.
Thanks
Received my forms to be transferred from SDA for ESA today. I was told by a social worker, if I were to claim carers allowance for my severely disabled stepson, his DLA benefit would be cut so I did not apply when he became ill. I have now been told that this is not the case but that that I am not entitled to carers due to me claiming benefit myself. However, I have now been told I should apply for carers even though I cant claim it!! Very confused.
My husband works as does my Daughter & Son, in case that makes any difference.
Thanks
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10 years 3 months ago #129356 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA /Carers
Amber
Whether you can claim CA will depend on the type of ESA that you are receiving;
ESA(CB) only - The CA is not payable but there is an underlying entitlement.
ESA(CB) with ESA(IR) top-up - The CA is not payable but the Carers Premium will be added
ESA(IR) only - CA is paid but deducted from ESA, Carers Premium is added.
Claiming CA will not reduced your stepson's DLA, but for completeness there are circumstances where the total amount paid to a claimant might be reduced by someone claiming CA for them. If he was receiving the Severe Disability Premium your claiming CA would prevent this. Your stepson would only qualify for SDP if they were also living alone and were receiving an Income Related benefit such as ESA(IR) or Income Support.
Gordon
Whether you can claim CA will depend on the type of ESA that you are receiving;
ESA(CB) only - The CA is not payable but there is an underlying entitlement.
ESA(CB) with ESA(IR) top-up - The CA is not payable but the Carers Premium will be added
ESA(IR) only - CA is paid but deducted from ESA, Carers Premium is added.
Claiming CA will not reduced your stepson's DLA, but for completeness there are circumstances where the total amount paid to a claimant might be reduced by someone claiming CA for them. If he was receiving the Severe Disability Premium your claiming CA would prevent this. Your stepson would only qualify for SDP if they were also living alone and were receiving an Income Related benefit such as ESA(IR) or Income Support.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 3 months ago #129418 by Fleur33
Replied by Fleur33 on topic ESA /Carers
Hi Gordon,
Its all so complicated! I do not know what type of ESA I am entitled to. My husband works full time as does my Daughter, who lives at home but is moving out at the end of the month and I don't know if its mean tested. I claim PIP.
I am sorry but I don't understand what you mean by ESA (CB) OR (IR) I am just very confused as the occupational therapist told me today that I should claim carers allowance even if its not payable as then I would be exempt from work interviews?
I have previously suffered a stroke and more recently had brain surgery. I also have angina, problems with my kidney and severe Asthma. I have been awarded PIP for 10 years after requesting a mandatory reconsideration and thought the stress was over!!! Reports from my neurosurgeon/neurologist/ophthalmologist /cardiologist really helped. Will this award support my ESA claim?
Thanks.
Its all so complicated! I do not know what type of ESA I am entitled to. My husband works full time as does my Daughter, who lives at home but is moving out at the end of the month and I don't know if its mean tested. I claim PIP.
I am sorry but I don't understand what you mean by ESA (CB) OR (IR) I am just very confused as the occupational therapist told me today that I should claim carers allowance even if its not payable as then I would be exempt from work interviews?
I have previously suffered a stroke and more recently had brain surgery. I also have angina, problems with my kidney and severe Asthma. I have been awarded PIP for 10 years after requesting a mandatory reconsideration and thought the stress was over!!! Reports from my neurosurgeon/neurologist/ophthalmologist /cardiologist really helped. Will this award support my ESA claim?
Thanks.
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10 years 3 months ago #129430 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA /Carers
Amber
You should still check with the DWP, but if your husband works full time you cannot be receiving any Income Related ESA (ESAIR)) and therefore must be on Contribution Based ESA (ESA(CB)).
You can apply for CA but you will not be paid as your ESA(CB) and CA overlap and only the former will be paid, but you will have what is called an underlying entitlement.
I am afraid your therapist is only partially correct, being entitled to CA does not stop you being required to attend Work Focussed Interviews, but should prevent any requests for you to participate in Work Related Activity, obviously neither of these apply anyway if you are in the Support Group.
Evidence from a PIP claim can be used to support an ESA claim, but it will depend on the evidence and as always it must be put in the context of the ESA Descriptors to be of full value.
Gordon
You should still check with the DWP, but if your husband works full time you cannot be receiving any Income Related ESA (ESAIR)) and therefore must be on Contribution Based ESA (ESA(CB)).
You can apply for CA but you will not be paid as your ESA(CB) and CA overlap and only the former will be paid, but you will have what is called an underlying entitlement.
I am afraid your therapist is only partially correct, being entitled to CA does not stop you being required to attend Work Focussed Interviews, but should prevent any requests for you to participate in Work Related Activity, obviously neither of these apply anyway if you are in the Support Group.
Evidence from a PIP claim can be used to support an ESA claim, but it will depend on the evidence and as always it must be put in the context of the ESA Descriptors to be of full value.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 3 months ago #129628 by Fleur33
Replied by Fleur33 on topic ESA /Carers
Thank you Gorden. Should I send copies of my PIP award with my ESA application and also send copies of what/why I scored the points or just refer to my PIP award for the relevant questions?
Also, the procedure for claiming ESA seems to have changed. When my stepson applied for ESA he recived a small booklet of forms which was sent to a mailing centre along with a sick note. He was paid a basic rate for 3 months before receiving a larger booklet of forms to send to ATOS. This hasnt happened with me. I have just received the larger booklet to be sent to ATOS. Is this because I am being transferred from SDA? Will thier decision on my ESA application affect my PIP award?
Thanks.
Also, the procedure for claiming ESA seems to have changed. When my stepson applied for ESA he recived a small booklet of forms which was sent to a mailing centre along with a sick note. He was paid a basic rate for 3 months before receiving a larger booklet of forms to send to ATOS. This hasnt happened with me. I have just received the larger booklet to be sent to ATOS. Is this because I am being transferred from SDA? Will thier decision on my ESA application affect my PIP award?
Thanks.
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10 years 3 months ago #129640 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA /Carers
Amber
Yes you can include information on your PIP award, but if you can you should highlight in your ESA information where you think there is a overlap with PIP.
As you are being transferred to ESA, rather than making a new claim, you have not had to apply for the benefit (first booklet), you are not subject to the 13 week assessment period and you are not required to provide Fit Notes and you are already deemed to be unfit for work.
Whilst ESA information may be used in the making of a new PIP award, our understanding is that it cannot under normal circumstances be used to revise an existing one.
Gordon
Yes you can include information on your PIP award, but if you can you should highlight in your ESA information where you think there is a overlap with PIP.
As you are being transferred to ESA, rather than making a new claim, you have not had to apply for the benefit (first booklet), you are not subject to the 13 week assessment period and you are not required to provide Fit Notes and you are already deemed to be unfit for work.
Whilst ESA information may be used in the making of a new PIP award, our understanding is that it cannot under normal circumstances be used to revise an existing one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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