From IS to ESA is this right??

ackyboo29

Hi All

Im very new here & very nervous_pale_
I would appreciate any advice or help if anyone feels they can.

My husband is at home caring for me + looking after our 2 children, he was claiming income support due to this. Since, i have been awarded Low Rate Care DLA we are in the process of reconsideration/tribunal.
We have been told we are now Not eligible for IS as we were only awared Low Rate Care not middle, & we have to claim ESA or more importantly I have to claim ESA as im the person my husband is caring for, I thought the Income Support Disability Premium was paid at ANY rate of DLA even LOW, yet we are told " you do not qualify for Any IS as you only got LOW Rate Care"
I'm very confused & am now in the throws of the ESA mine field.
Does anyone know if what has happened to us is correct?
I keep getting a niggling feeling that its wrong but, just feel at such a loss with the whole system:(
Any words of wisdom would be a comfort
Many Thanks

LadyMorticia

I'm not sure if carers have to be awarded carers allowance in order to claim IS. I think they do but someone more knowledgeable will be here soon to offer some more help.

Is this the first time you have applied for DLA? Or were you awarded a higher rate previously and now on renewal have been knocked down to LRC?

If you have been knocked down from a higher award then it is possible that what you were told is correct if carers allowance is needed in order to claim IS as carers allowance can only be awarded at middle/higher rate care.

As I said someone who is more knowledgeable will be around soon.

Good luck with the reconsideration/appeal.

Anubis_2

Everyone who is on IS due to sickness will be migrated to ESA. Certain IS disability premiums are only applicable for mid and high care.

However, I have read somewhere that those who are disabled and claim IS, and who have a partner who is also claiming carers allowance and gets the carer IS premium will stay on IS. However, I cannot find this again, been looking today to try to find where I read it.

For carers you have to be in receipt of mid or high. It could be entirely possible that they are closing IS claims for thise on low rate care and making them claim ESA. I presume they may see it as your care needs are low, you may be placed in WRAG after a medical assessment as you may be capable of doing some limited work.

However, I do not know if what you ask is the case, but do know that people who claim IS for sickness will be migrated over to ESA, so in essence, it is correct you need to claim ESA if they are asking you, but never heard the not eligible for IS as you are on low care part. It could be because your partner us not entitled to carers allowance, as LadyM states.

A.Penny.Saved

I was getting IS for health reasons because I did not qualify for anything else and I have now been moved to ESA.

I think that they might be scrapping all those older health related benefits and moving everyone to ESA as soon as they can. I could certainly be wrong about that but that just seems to be the way it's going.

LadyMorticia

Anubis wrote: »

However, I have read somewhere that those who are disabled and claim IS, and who have a partner who is also claiming carers allowance and gets the carer IS premium will stay on IS. However, I cannot find this again, been looking today to try to find where I read it.

I haven't heard of this as this is the situation my DH and I are in. We claim IS because I am disabled but DH also receives Carers Allowance and has the Carers Premium added to our IS.

Would be helpful if this is the case though as I really hate change (even though I know that it will come eventually ).

Anubis_2

LadyMorticia wrote: »

I haven't heard of this as this is the situation my DH and I are in. We claim IS because I am disabled but DH also receives Carers Allowance and has the Carers Premium added to our IS.

Would be helpful if this is the case though as I really hate change (even though I know that it will come eventually ).

I have definitely read that in such cases you can choose to stay in IS but they will remove the disability premiums. I will have a hunt around

MrsManda

As LadyMorticia asked, have you been receiving DLA at higher or middle rate care prior to your recent DLA award?
According to the Decision Maker's Guide in order to claim IS as a carer a person needs to be caring for someone on HRC/MRC so if your husband has been claiming IS because of your care it looks like the letter is right.

Regular carers
20116 People can get IS where they are:
1. both entitled to and in receipt of CA2 or would be in receipt of CA but for the application of the loss of benefit provisions3, and caring for another person or
2. regularly and substantially engaged in caring for another person and that person
2.1 is in receipt of “AA” or the care component of DLA at the highest or middle rate or
2.2 has claimed “AA” or DLA or
2.3 has
2.3.a made an advance claim for5 and
2.3.b an award which was made in respect of that claim and
2.3.c not completed the qualifying period for
“AA” or the care component of DLA at the highest or middle rate.

http://www.dwp.gov.uk/docs/dmgch20.pdf

LadyMorticia

Anubis wrote: »

I have definitely read that in such cases you can choose to stay in IS but they will remove the disability premiums. I will have a hunt around

Thanks.

I spoke to CAB about what happens when we change to ESA and she said that we could change our IS claim to DH's name and he claim as a carer and then I could still get all the premiums.

She said that when we change to ESA we wouldn't lose any money as we have "transitional protection" or something like that?

Anubis_2

LadyMorticia wrote: »

Thanks.

I spoke to CAB about what happens when we change to ESA and she said that we could change our IS claim to DH's name and he claim as a carer and then I could still get all the premiums.

She said that when we change to ESA we wouldn't lose any money as we have "transitional protection" or something like that?

Yes that is correct, your payments are protected . However, you may be given the option to stay on IS when they are due to migrate you, and rather than go through ESA nightmare, if you stay on IS instead of moving over when asked, you will loose the disabolity premiums by doing so as these are not applicable to ESA. It's swings and roundabouts, the one advantage of staying on IS is no medical reassessments but they penalise by taking off the premium.

Anubis_2

Here it is

Entitled to Income Support on other!grounds
Some people may be getting Income Support for incapacity but also be entitled to it on another ground. For example as a carer or lone parent.

They can choose to stay on Income Support instead of going onto ESA. Or if they fail the ESA assessment they can get Income Support on the other qualifying ground. DWP say they will tell claimants when this applies to them. People who choose to stay on Income Support in this way will lose the Disability Premium if the only reason they qualify for it is through incapacity.

That reads to me that people in your situation can stay on IS. If you then want to transfer to ESA abd you fail the medical, you can stay in IS but will loose the disability premium.

Or it could be saying you will loose the premium regardless if you stay in IS
but I think it may be if you fail the ESA and want to go back on IS


http://www.newcastle.gov.uk/core.nsf/a/wr_ibabolished#entitledtoIS

Having read again, I do think that the disability premium is only lost if you fail the ESA medical and go back on IS, but I could be wrong :eek:

LadyMorticia

Anubis wrote: »

Yes that is correct, your payments are protected . However, you may be given the option to stay on IS when they are due to migrate you, and rather than go through ESA nightmare, if you stay on IS instead of moving over when asked, you will loose the disabolity premiums by doing so as these are not applicable to ESA. It's swings and roundabouts, the one advantage of staying on IS is no medical reassessments but they penalise by taking off the premium.

It's a conundrum sometimes!

Anubis wrote: »

Here it is



That reads to me that people in your situation can stay on IS. If you then want to transfer to ESA abd you fail the medical, you can stay in IS but will loose the disability premium.

Or it could be saying you will loose the premium regardless if you stay in IS
but I think it may be if you fail the ESA and want to go back on IS


http://www.newcastle.gov.uk/core.nsf/a/wr_ibabolished#entitledtoIS

Having read again, I do think that the disability premium is only lost if you fail the ESA medical and go back on IS, but I could be wrong :eek:

Thank you for that. I guess it could be read either way!

Thank you for the link though.:) Sometimes things are said that can't be backed up so it's nice to at least have something in writing.