From IS to ESA is this right??

suelees1

You can change claimant roles at any time especially in your particular circs. I have a gut feeling (I've no resource materal here at home) you'd always be better off that way even if you do get placed in the support group. Might be as well until you have a decision to see what you'd be on if you were put into one of the two groups.

Anubis_2

If the name is changed to her husbands, and he is the carer, she should be able to stay on IS according to regs available on Gov website.

If she is claiming ESA, from what I see, it has to be in the name of the person who is incapacitated.

suelees1

Yes that's right Anubis. You just have to bear in mind that if she was even taken off DLA for whatever reason he would no longer be entitled to IS as a carer and she'd then have to start from scratch with the ESA claim being paid at the assessment rate

rubys_mummy

thank you everyone

he's filled in the ESA50, we're just waiting for my CPN to do me a letter to send off with it

i've just read so many worrying things on here about people being told they're fit for work, when quite clearly they aren't

one of my problems is agoraphobia, and i haven't been out of the house for years, but at least now i know that if they want to play silly beggars, we can start a new claim in hubbys name as i have just been put on HRC and LRM until june 2016

will have a look for the info on the gov website

many thanks again

Anubis_2

suelees1 wrote: »

Yes that's right Anubis. You just have to bear in mind that if she was even taken off DLA for whatever reason he would no longer be entitled to IS as a carer and she'd then have to start from scratch with the ESA claim being paid at the assessment rate

Yes, that is right. Personally I think it is better staying on IS as much as is permitted, the stress of ESA judging by other people's experience and being called to a medical at will is quite a bit of a nightmare, no sense in prolonging it - may as well do it as it happens.

However, it *may* work the same for ESA - I am presuming - in that if you lost DLA, you then may loose the right to ESA *eventually* depending on appeals etc.

I do know of cases where people have failed ESA, then lost DLA as a consequence. I am fully expecting ESA/DLA to be combined in that if you fail one, you can't apply for the other or visa versa. With all the changes its hard keeping up, and then when Universal Credit comes in it may work entirely differently again

rubys_mummy

just to let everyone know

i've just rung the benefits advice line for disabled people and carers

the woman said that i WON'T lose my disability premiums if we put my hubby as main claimant

she said i have to ring up one number to cancel the claim in my name, and to tell them that i won't be returning the ESA50 form

then my hubby has to ring the new claims line to make a brand new claim, saying that he is my carer

she said only downside to doing this, is i might get called for a work focus interview at some point in the future, as my hubby would be the main claimant and i wouldnt be "safe"

but as i'm getting DLA HRC and LRM until 2016, i can't see that being a problem

i also have an 18yr old son who has just finished full time education....he's just waiting for his A level results then hoping to go to uni, so i've been getting money for him on my IS claim

do i need to make ANOTHER claim to CTC if we decide to get the income support in hubbys name, so that i can continue to get benefits for son until beginning of sept? because i dnt think they'll include son on new IS claim

many thanks again for all your help

Anubis_2

Thanks for letting us know. It's interesting about work focused interviews too. Do you have to provide a sick note currently at all? I am wondering if this would exempt you if you did.

I have to supply one every 12 months, not sure why, I think it is related to SDA, and have always had 12 month ones supplied without issue over the years with three different doctors.

Not sure about son. Normally the benefits stop on 31 Aug as in your case, but can be sooner depending the date finished education. Did you ask the BEL? If not ring back and see what they say, as it couod be a grey area. It wouod be better to hold off the IS claim until end Aug but then ESA may expect you to fill in the form. I would ring them, see what they can advise you.

rubys_mummy

thanks anubis

i haven't had to hand a sick note in for about the last 6 or 7 years so i'm not sure if i'll have to start doing that....i'll ring the benefit line again tomorrow to ask

yes i think you're right....my son's claim will finish on aug 31st, and as i have till sept 19th to get the ESA50 back to them, i think i'll cancel our current claim and restart it in hubbys name at the very beginning of sept, then i'm not complicating things with my benefit for my son

plus i'm superstitious and i dnt want to jinx his A level results so he has to do another year at college, cos then i'd have to be messing about claiming for him for another year!

Anubis_2

rubys_mummy wrote: »

thanks anubis

i haven't had to hand a sick note in for about the last 6 or 7 years so i'm not sure if i'll have to start doing that....i'll ring the benefit line again tomorrow to ask

yes i think you're right....my son's claim will finish on aug 31st, and as i have till sept 19th to get the ESA50 back to them, i think i'll cancel our current claim and restart it in hubbys name at the very beginning of sept, then i'm not complicating things with my benefit for my son

plus i'm superstitious and i dnt want to jinx his A level results so he has to do another year at college, cos then i'd have to be messing about claiming for him for another year!

When you ring the BEL tomorrow I would also advise asking them to clarify if it would be ok to do what is highlighted in bold.

Anubis_2

Cpt.Scarlet wrote: »

So when the OP says.


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.

The BEL was contacted today in relation to the points made, and they stated that while someone claims IS as a carer, it is classed as " incapacity related " IS as I stated. I have someone ringing again tomorrow to see if the same answer is given, so that people who have read this will have the correct info.

Additionally, if you go here, this seems to back up what they state. http://www.newcastle.gov.uk/core.nsf/a/wr_ibabolished click on the link that states incapacity related income support, and carers are listed.