From IS to ESA is this right??

Cpt.Scarlet

Anubis wrote: »

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.

Incapacity related is not the same as IS because of incapacity.

There are only 4 reasons that you can now claim IS.

a lone parent
on parental or paternity leave
a carer
a refugee learning English who arrived less than a year ago

Just because DLA and/or disability premiums are involved does not mean that this a claim for IS because of incapacity. Only the person with the disability can be in receipt of IS because of incapacity.

In this case it was the OPs partner who was receiving the IS, so it could not have been IS due to incapacity. You seem to think that because you are eligible for the premiums you get IS, this is not the case, you get the premiums because you are eligible for IS.

Anubis_2

Yes, I see what you are saying now - cross purposes - You are saying the claim is NOT because of incapacity, I was saying the claim is incapacity related (albeit poorly!)

rubys_mummy

i'm even more confused now lol!!

anubis....if you're ringing the BEL line today, please would you put on here what they say, and i'm going to ring them again as well, just to check it was right what they said yesterday

and i'll also ask if sick notes will now be needed, and if i can change my claim over on sept 1st

thanks again for all your advice xx

rubys_mummy

just to let anyone else in a similar situation know....

i've just rung the BEL again and spoke to a different adviser, telephone 0800 882 200

my current IS claim is in my name, and i've just had my ESA50 in the post a couple of days ago

as i get DLA HRC and LRM, and my hubby gets carers allowance for me, i can cancel my claim, and my hubby can make a new claim on IS because he is a carer

we WON'T lose any disability premiums, i don't need to start handing any sick notes in, and i can start the new claim after they stop paying CTC for my son on aug 31st, when he hopefully goes to uni, as long as i start the new claim in hubby's name BEFORE the ESA form has to be back to them

that is one massive worry off my mind because i really can't handle the stress of ESA changeover and medicals etc

hope this has been of some use to anyone in a similar situation