From IS to ESA is this right??

Anubis_2

You are welcome, it isn't very clear and the issue is that some DWP workers misunderstand such non clarity too, and it not beung clear gives them leeway I guess to make a decision either way. How does it read to you?

LadyMorticia

Anubis wrote: »

You are welcome, it isn't very clear and the issue is that some DWP workers misunderstand such non clarity too, and it not beung clear gives them leeway I guess to make a decision either way. How does it read to you?

I read it the same way as you.

Anubis_2

Let's hope we are right then

Anubis_2

Reading it again, it MAY be that the carer would be better off claiming the IS as a couple, that rules out the " loose the premium if the only way they qualify is through incapacity" because the carer is not actually incapacitated, which seems is what your CAB adviser was basing her advice on too

I wonder if the same would be allowed in the case where the claimant is the incapacitated one, but their partner is the appointee for the claim. I am wondering if the claim would have to be put in the partners name still or if being appointee be enough to keep the premiums.

Anubis_2

Just discovered this fro anyone in the same situation where a partner is an appointee:

Appointee
Someone appointed by the Department for Work and Pensions (DWP) to claim and manage benefits or pension on behalf of someone who can’t do it for themselves.

Therefore, as the appointee is considered the claimant, it should not affect any premiums and the right to stay on IS as opposed to ESA should remain.

Therefore it * could * be that everyone will not need to transfer to ESA in such circumstances.

Cpt.Scarlet

ackyboo29 wrote: »

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

I'm sorry you have been caught out by this.

There are limited reasons for claiming IS, one of these is that you are receiving Carers Allowance.

However, CA is only payable if the person being cared for receives DLA MRC or HRC, so as your DLA has been reduced to LRC, that is why the CA has been lost and hence the IS.

Cpt.Scarlet

Anubis wrote: »

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.

Nobody is claiming IS because of ill health, so nobody is being transferred to ESA.

The OPs husband was receiving IS because he was getting Carers Allowance.

I am sure you are trying to help, but all you are doing is providing the OP with information that has nothing to do with their situation.

suelees1

IF your husband is claiming CA then he should be the one claiming IS. You can then withdraw your ESA claim but remember if he then loses CA for whatever reasons you will have to reclaim ESA and start from scratch.

Anubis_2

Cpt.Scarlet wrote: »

Nobody is claiming IS because of ill health, so nobody is being transferred to ESA.

The OPs husband was receiving IS because he was getting Carers Allowance.

I am sure you are trying to help, but all you are doing is providing the OP with information that has nothing to do with their situation.

Please read the following:

The Employment and Support Allowance (Transitional Provisions) (Existing Awards) Regulations 2010 and The Housing Benefit and Council Tax
Benefit (Employment and Support Allowance) Amendment Regulations 2010.

The proposed regulations provided for the movement of benefit claims from incapacity benefit (IB), income support (IS) paid on grounds of incapacity and severe disablement allowance (SDA) to employment and support allowance (ESA) and associated changes to housing benefit (HB) and council tax benefit (CTB).

http://www.disabilityalliance.org/ssac6.htm

The OP and her partner were on IS due to incapacity and carers. Now he does
not get carers they have to claim to ESA as a couple due to the fact the OP is still incapacitated.

Everyone on IS will have to be transferred if they are claiming it because they are incapacitated. If you read the OP you will see the poster states they received IS related disability premiums, so this is impirtant to what I stated. Later we determined that if carers are claiming, they do not have to move to ESA if the regs are correct.

This is now not the case for the OP as he no longer gets carers, hence why they have closed the IS claim and are moving to ESA as in the regulations. If they were not claiming IS due to one of them being inapacitated, they would
be moved onto JSA.

The fact that her partner got IS due to being a carer, some of that claim is made up of one person being incapacitated. Anyone incapacitated and on low care who gets IS allowances/ premiums due to incapacity/ sickness will need to come off IS regardless of which person of the couple is the claimant. So as
soon as carers was lost, IS can no longer be claimed for incapacity reasons AND because the MRC and carers is no longer awarded.

In the case of ESA, from my understanding of it, the incapacitated person has to make the claim, unless the person has an appointee.

Either way you would think, that while appealing DLA as the OP is doing, the IS claim could stay until the appeal has been heard. It seems bad they are being made to claim ESA because if they win, then they could claim IS again. A lot of unecessary administration, together with worry

OP I hope your appeal is successful and you have an appeal date soon.

Cpt.Scarlet

Anubis wrote: »

Please read the following:



http://www.disabilityalliance.org/ssac6.htm

The OP and her partner were on IS due to incapacity and carers. Now he does not get carers they have to be transferred to ESA due to the fact the OP is still incapacitated.

Everyone on IS will have to be transferred if they are claiming it because they are incapacitated. Later we determined that if carers are claiming, they do not
have to move to ESA.

This is now not the case for the OP as he no longer gets carers, hence why they are moving to ESA as in the regulations. If they were not claiming IS due to one of them being inapacitated, they would be moved onto JSA.

They are not IS because of Incapacity, The OPs partner was claimimg the IS and was doing so because he was claiming CA.

This has nothing to do with IS/IB transfer to ESA, that is why they have lost the IS and are being forved to claim ESA.