From IS to ESA is this right??

Anubis_2

Cpt.Scarlet wrote: »

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.

Yes, I know what you are stating, but part of that claim included IS disability premiums as the OP stated themseves - therefore part of the claim is because of and includes incapacity.

This means that they can no longer get those IS premiums and as they no longer get carers, they have to move to ESA and the ESA claim has to be in the OP name.

Cpt.Scarlet

Anubis wrote: »

Yes, I know what you are stating, but part of that claim included IS disability premiums as the OP stated themseves - therefore part of the claim is because of and includes incapacity.

This means that they can no longer get those IS premiums and as they no longer get carers, they have to move to ESA and the ESA claim has to be in the OP name.

You have completely misunderstood IS because of incapacity.

For this to apply the OP would have to be in receipt of IS, but they weren't, the partner was.

The OP states that the IS was cancelled after the DLA was downgraded and partner lost CA, this is because the IS was being paid for the CA.

They've already lost the IS, the ESA is a new claim.

There is no transfer being done, because this was not and is not a claim for IS because of incapacity.

Anubis_2

Cpt.Scarlet wrote: »

You have completely misunderstood IS because of incapacity.

For this to apply the OP would have to be in receipt of IS, but they weren't, the partner was.

The OP states that the IS was cancelled after the DLA was downgraded and partner lost CA, this is because the IS was being paid for the CA.

They've already lost the IS, the ESA is a new claim.

There is no transfer being done, because this was not and is not a claim for IS
because of incapacity.

So the IS disability premiums ( paid if you are sick or disabled and I am not talking about carers premium) belonged to the carer?

No, such premiums are paid for the OP due to incapacity/ sickness therefore the IS amount is not made up of a top up due to carers alone, part of the
claim is made up of the basic disability premiums, and therefore, part of IS, regardless of claimant, is being paid due to incapacity.

Yes, they are not being transferred, but they would have been eventually,
which was my point.

By the way, the OP mentions nowhere that the partner was in receipt if carers allowance, but having said thst, there is every likelihood.

We have been told we are now Not eligible for IS as we were only
awared Low Rate Care not middle

This means no more disability premiums, which means non entitlement of IS.

The husband claimed IS on the grounds of being a carer you say, and I agree, assuming he did claim carers. However, excluding carers, part of the claim included premiums paid due to sickness/ disability for the OP, not the carer, and therefore they were awarded the premiums on the grounds of incapacity.

We will have to agree to disagree and bring it to an end.

[Deleted User]

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?

transitional protection will last until 2020,although as i understand it during that period the"protected"benefits wont be increased

Cpt.Scarlet

So when the OP says.

My husband is at home caring for me + looking after our 2 children, he was claiming income support due to this.

It would be wrong to assume that he was getting IS and that this was becaise he was getting CA.

You get the premiums because, as a family, you are claiming a means tested benefit such as IS or ESA(IR) not because you are on IS because of incapacity

The only reason you can be on IS because of incapacity is because you were put on IS because of incapacity, there is no way to magically acquire the benefit. If they had been receiving it, then it would be the OP and not their partner that was receiving it.

LadyMorticia

woodbine wrote: »

transitional protection will last until 2020,although as i understand it during that period the"protected"benefits wont be increased

Thank you. I'm hoping to be off benefits way before 2020!

suelees1

Without going over and over this please confirm if this is the situation OP:-

You were on a higher rate of the DLA care component which has been reduced at review.

Because of this your husband claimed Carers Allowance and Income Support for the family (which would include the various premiums for you as incacable of work and him as a carer).

At the review of your DLA it was reduced to low rate care so your husband can no longer be considered a carer.

Because of this you now have to claim ESA.

If this is the situation then yes you do have to claim ESA now. You will lose the disability premium because this is not paid at all with ESA either because you re sick or because you are on DLA.

You will also lose the carers premium because there is no entitlement to IS for your husband because he is not classed as a carer.

If your DLA is increased again you can go back to how you were with your husband claiming IS to regain the disability premium.

I really hope this is right so it will stop all the 'ifs and buts' from all the well meaning responses

rubys_mummy

i have been following this thread as i am in a similar situation

only difference is.....i am main claimant for IS for both myself and my husband because of my disabilities, and i have been for last 15 yrs

i get HRC and LRM from the DLA, and we also get IS, as well as the disability premiums, and my husband gets the carers premium as he is my carer

i've just recived the ESA50 form, which my husband is filling in for me, because he can put more details down

am i right, then, in thinking that if for some reason they don't put me in the support group, we can put fresh claim in for IS in my husbands name as he is claiming carers allowance, and i will still get my disability premiums?

i've tried to understand all the posts but i got lost!

suelees1

I'm not surprised you got lost The simple answer is yes he can.

By the there is no basic couple's disability premium in ESA as this is not paid with ESA at all. In your case though if you do pass the 'test' you won't be worse off as you will have transitional protection.

Anubis_2

Yes, you should be able to change the IS claim over in your husbands name - you may be able to do this now, I would contact CAB if you hit a wall when trying to do this. Please let us know how this goes if you can, as it will be useful for other posters.