Help with ESA claim.....

jackielawrence

Hi im wondering if anyone can give me some advise on ESA, my partner is currently recieving contributary based ESA but has income related top up we currently recieve 205.00 fornightly, hes just been for a medical which they havent yet decided which group he will go into,i been told that he can claim DLA as well as ESA is that true?and that i could get carers allowance? weve just filled the mi12 form for help towards are mortgage interest,and what i was wondering is will hes money go up after the medical assesment results come back and how much will it go up,and will that mean that he will no longer recieve the income based top up, im really getting confused with it all, and am getting told that many different things.:mad:......help..:eek:...thanks:(

speedfreek1000

Yes you may be entitled to DLA depending on your circumstances to check in the 1st instance go here

http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DG_10011925

Even if this says no (or even if it says yes) you really need to discuss your case with the CAB or Welfare Rights and get help with the application.

I'd advise this as parts of your ESA calm may be used as evidence by the DWP in deciding on an award for DLA (and vice versa). Those folks are the experts and should be able to guide you through the process.

Good luck

[Deleted User]

He may be able to claim DLA if he has care or mobility needs. Having a diagnosed condition alone does not qualify you for DLA nor does qualifying for ESA. Lots of people who claim ESA are not entitled to DLA much the same many people who claim DLA dont get ESA because they dont claim other benefits and work. Does he have care or mobility needs?

If and when he gets DLA you might be able to claim carers allowance for caring for him if he gets the middles rate care or above.

G51shopaholic

DLA can be paid for a condition as long as he's suffered from it for 3 months and it is likely to last longer than the 3 months. This can also be backdated 3 months so I'd phone them fast as the paperwork takes ages (mine took nearly 3 mths).
I've seen somethings on this forum about Carers allowance - I think they deduct this from your Income based top-ups, but i'm sure someone else can confirm if this is right or not.

DLA is not counted as an Income towards other benefits and can be as much as £120 extra a week if he's awarded the higher rates.

healy

G51shopaholic wrote: »

DLA can be paid for a condition as long as he's suffered from it for 3 months and it is likely to last longer than the 3 months. This can also be backdated 3 months so I'd phone them fast as the paperwork takes ages (mine took nearly 3 mths).
I've seen somethings on this forum about Carers allowance - I think they deduct this from your Income based top-ups, but i'm sure someone else can confirm if this is right or not.

DLA is not counted as an Income towards other benefits and can be as much as £120 extra a week if he's awarded the higher rates.

The needs need to be likely to last longer than 6 months not 3 months.

sunnyone

If it was the job center that told him to claim DLA its because they dont have a clue about the rules for DLA!

My husband has stage 4 kidney failure and an endocrine tumour and the job center keep telling him over and over again that he WILL get DLA so he must imediatly order the forms and they are wrong, he currently dosnt have care or mobility needs that would allow a DLA award, he is in the support group of ESA and they tell everyone to claim DLA wrongly.

Hes far to sick to work but he can walk, cook and attend to his own personel care and care for me.

suelees1

G51shopaholic wrote: »

...This can also be backdated 3 months...

A DLA claim can't be backdated. If you ring for a claim form they'll stamp it with the date you requested it and another date in 6 wks time. You then have 6 weeks to submit it and if it's awarded it will be from the date you requested it even though it can take some months for a decision to be made.

CA can only be paid if DLA is awarded at the middle or high rate of care component.

Jackie now he's had the assessment it doesn't mean he'll definitely be put into the WRA or support group. It will all depend on the points he scored and if they feel he can do any type of work.

If he does 'pass' it then it will just be an additional amount called either the work related activity component 25.95 or the support component 31.40pw.

If he does pass the assessment (ie gets 15 points) you'll still be on both ESA (CB) and ESA (IR).

To try to explain a bit about contribution based and income related ESA the starting point is whether claimants have paid sufficient NICs. If so they will be paid ESA (CB) for themselves only. This will be the prescribed amount for a single person £65.45 plus any of the above components.

However because you are a couple, the law says you need more than this to live on so they top it up with ESA (IR). Then if you become entitled to help with your mortgage or any other premums such as carers premium or severe disability premium or enhanced dp then this again is ESA (IR) as it is topping up the ESA (CB) to the amount the law says you need to live on.

It still sounds complicated but I hope it makes it a bit clearer