Esa

fishsterr wrote: Hi all
looking for a it of info two years ago I was one incapacity benefit then had the dreaded board 0 points so because I care for my son they put me on income support,but during that time I appealed and had to go to appeal court I won my case and they put me in wrag which I thought was unfair the court ruled no need to see for 2 yrs .i have phoned the benefit office on a number of occasions and they tell me not to worry the same money you will get on either so I left it at that.But now I'm thinking what if they sign my son off dla he's 30 what will happen to me ,spoke to citizen advice they said deal with it when it happens. can you please advise

I assume you are receiving Carers Allowance for your son.

If you are now receiving ESA and not Income Support then your ESA will not be directly affected should your son lose his DLA, this would not be the case for Income Support which would only be payable because of the CA.

The amount you receive would be reduced because of the loss of the Carers Premium, but you would still be eligible for the Personal Allowance and the WRAG component and any Premiums that you were entitled in your own right.

Gordon

fishsterr wrote: Hi Gordon yes I do get carers allowance for my son but I don't get esa they got me on income support even though I won my appeal 2yrs ago and when I phone the benefits office they tell me that it doesn't make a difference what benefit I receive because the same money I will get on either. But what happens if my son loses his DLA .I spoke to C.A.B. and they told me not to worry if it happens id have to claim for esa again , My real worry is that I receive DLA myself and I'm worried they will look at my claim and see I'm on income support and class me as nothing wrong with me ,I'm really worried because the benefits office will be gunning for us on October even though we receive an indefinite award of DLA.

Your Income Support claim is wholly dependant on your son receiving DLA (or PIP), if he loses his DLA then your IS claim will close as well, although I believe there is a 122 week run on.

You will be able to make a new claim for ESA if this happens, but it will be completely new, you can use the Tribunal Decision as evidence that you meet the criteria, but as it will not be supported by the Tribunals reasons it will be of limited value.

If he is invited to claim PIP, then his DLA will remain in payment until four weeks after any Decision is made. At this time we do not have any timescales on when an individual will be invited, our understanding at this time is that the process will select claimants at random.

Gordon