ESA(C) and CA

ltcinter

If a carer (caring 35+ hours) is the partner of the ESA-IR main claimant and has underlying entitlement to CA, would all earnings below £100 a week be deducted from the main claimants total benefits?

creditcardhelp11

If someone is claiming ESA-IR (which is means tested) has a partner then they are legally obliged to make a joint claim for ESA-IR and therefore any income from either person would be taken into account. However, the first £20 of any earnings would be disregarded.

Although, under the permitted work rules it is possible that the primary ESA-IR claimant (the person who has limited capability to work) can work and earn £97.50 for 52 weeks (less than 16hrs per week) and those earnings be totally disregarded. So you could have a situation where someone is claiming ESA-IR and CA and gets the Carer’s premium (extra £30 per week) and earns £97.50 per week without any reduction in benefit. Moreover, because they are receiving ESA-IR they will also receive full CTB and HB.

50Twuncle

rogerblack wrote: »

You simply can't claim CA when claiming ESA.
The rate is 55/week or so.
Carers premium is 30.50/week according to http://www.benefitsnow.co.uk/esa/rates.asp

I am currently not claiming any ESA
We are surviving on my Ill Heath Pension (£7k pa)
My wife (carer) is claiming CA to top up her £50 per week earnings from a part time job...
Hence the questions - would we be better off, if I returned to ESA (C) (with the reduction due to my £145 per week pension) and my wife put in a claim for CP - or leave it as it stands ?

Cpt.Scarlet

Perhaps if you had explained your situation more clearly from the outset you would already have your answer.

Assuming you are still eligible for ESA(CB) and you qualify for ESA, then you'll get either £94.25 for the WRAG or £99.85 for the Support Group, the former will be limited to one years entitlement. From this they will deduct £30 for your pension.

The Carers Premium is not payable as no one is receiving an Income Based benefit.

As it is your wife receiving the CA, it will not be affected by you receiving ESA(CB).

50Twuncle

Cpt.Scarlet wrote: »

Perhaps if you had explained your situation more clearly from the outset you would already have your answer.

Assuming you are still eligible for ESA(CB) and you qualify for ESA, then you'll get either £94.25 for the WRAG or £99.85 for the Support Group, the former will be limited to one years entitlement. From this they will deduct £30 for your pension.

The Carers Premium is not payable as no one is receiving an Income Based benefit.

As it is your wife receiving the CA, it will not be affected by you receiving ESA(CB).

Thanks - why will my ESA (C) claim be limited to 12 months ?
The new rules have not yet been implemented have they ?

Cpt.Scarlet

Whilst the legislation won't come into effect until April 2012, assuming it is passed unchanged which seems likely, it will be applied retrospectively to anybody in the WRAG, including, for new claims the assessment period, so if you applied 01/01/12 it will last to 31/12/12.

LadyMorticia

My husband and I have a joint IS claim and I am the main claimant on it. He receives CA into his bank every Monday for being my full-time carer.

When we're transferred to ESA(IR) will that stay the same? Or will his CA be taken off of him? I'm a little confused.

Cpt.Scarlet

LadyMorticia wrote: »

My husband and I have a joint IS claim and I am the main claimant on it. He receives CA into his bank every Monday for being my full-time carer.

When we're transferred to ESA(IR) will that stay the same? Or will his CA be taken off of him? I'm a little confused.

You will only be transferred to ESA if you are receiving IS due to incapacity, if it is for any other reason, then you will stay on IS.

As your husband is receiving the CA, he will continue to do so. The CA payment will be treated as income and will be deducted from you ESA(IR) as it should be from from your IS at the moment. I'm not sure is if there will be a disregard before the deduction, if you are currently getting a £10 one for IS then it will be £20 for ESA.

50Twuncle

Cpt.Scarlet wrote: »

Whilst the legislation won't come into effect until April 2012, assuming it is passed unchanged which seems likely, it will be applied retrospectively to anybody in the WRAG, including, for new claims the assessment period, so if you applied 01/01/12 it will last to 31/12/12.

"IF" this new rule gets implemented - what will be the required break between periods of ESA - before being allowed to reapply ?
The cannot just say "only 12 months allowed" - is that per lifetime ?

LadyMorticia

Cpt.Scarlet wrote: »

You will only be transferred to ESA if you are receiving IS due to incapacity, if it is for any other reason, then you will stay on IS.

As your husband is receiving the CA, he will continue to do so. The CA payment will be treated as income and will be deducted from you ESA(IR) as it should be from from your IS at the moment. I'm not sure is if there will be a disregard before the deduction, if you are currently getting a £10 one for IS then it will be £20 for ESA.

I'm on IS due to Incapacity.:o Someone mentioned to me that they might see that my husband is my carer and receives CA and so they might not transfer me over to ESA for that reason but I'm not sure how true that is.:o