Carers and IS transfer to ESA?

recoverydust

I am on ESA Support group with highest rate DLA for care.
I currently get the single person ESA (Contributory made up with income based)
My OH was on IS for incapacity, but for a couple of years has had carers allowance of £53 odd and gets Income Support on top of about £40 per week
He has just had notification that he is to be assessed for ESA, whilst he has mobility issues, he is unlikely to score 15 points.

We have always applied to DWP as a couple and have had their expert assure us that we are currently on the correct allocation of benefit.

If he does not get ESA, or chooses not to apply can anyone tell me what happens to our benefit? Do we just lose the IS?, do we get the "couples rate" of ESA?

Thank you

broad-sword_2

Sorry, and I'm hoping this has been lost in translation (:))but you cannot get ESA Income Related as a single person if you have a partner (ie living together as such), and they cannot claim IS as a single person. All income related benefits are based on claiming as a couple (as appropriate of course) and it is only paid for one of you.

I may be able to answer your questions once we get this bit sorted.

By the way, when it comes to 'experts', Patrick Troughton as Doctor Who said (Tomb of the Cybermen), "Being an expert allows you to be wrong with authority)"

(I'd lose that £20,000 home deposit in your signature as you cannot have more than £16,000 in capital on ESA IR or IS........)

[Deleted User]

OP i also dont understand how you get paid as single people when you are a couple

recoverydust

As regards the couple/single person thing, the DWP are well aware we are now a married couple and we were claiming as a couple before. I get letters about my benefit, with the information about OH's benefits on it and he gets the same in reverse.
The DLA and ESA come in my name and the carers and IS come in in OH's name.
We have queried this several times ( i am paranoid about getting benefits wrong) and had it checked by DWP desk staff, disability adviser and a case management person.

I did think that my ESA may be contributory, but have been told that after a year it was not..... maybe that bit is wrong.... I have to say that I have not checked that part of the equation with DWP as it was only recently reassessed.

Perhaps its best to ring them again

Thanks
xxx

broad-sword_2

New one on me

epitome

You cannot both be getting income based benefits.

What is most likely happening here is that you get DLA & ESA C (with no IR at all). If you are in WRAG this will stop after 1 year. I assume you used to be on IB (so I won't mention other irrelevant stuff)

Your partner is either on IB or IS we have to assume IS because you said so.
On IS he claims for both of you, and your benefit is deducted from his IS.

He doesn't have to claim CA because you could get ESA SDP if he didn't claim it and they both are the same amount give or take a few pence. But you can't get SDP if he gets CA. You also have to be eligible for IR ESA in order to get SDP. so savings of more than 16K between you & you can forget it. (but then again, he wouldn't get IS if you had savings of 16K+)

IMHO you would be no worse off if you stopped all his benefits and and you claimed with an ESA3 to get ESA IR & SDP, you will have to do this after 1 year anyway.

It would help if you laid out exactly how much you each get on each benefit.

recoverydust

I get ESA £105.05 per week (paid fortnightly) Support Group
and DLA £98.00 per week (paid 4 weekly) high care, low mobility.
My ESA is detailed in correspondence addressed to me and paid to me into his bank account
He gets Carers Allowance of £58.45 paid weekly
He gets Income Support paid fortnightly of about £90
His benefits are detailed in correspondence addressed to him and also paid into his bank account
I have not been on Incapacity benefit, and have been on ESA in the Support group for nearly two years, with 18 months to run since the last decision earlier this year.
We dont have savings, its an ambition which i hope is now clearer in my signature.
When I originally had to claim ESA we had the paperwork completed for us as a couple by the Disability Advisor at the DWP and have subsequently queried the separate payments to be told that this is correct.
We informed them when we married this year and again were assured our benefits were right, they were also checked by Money Advice when I got debt counselling.

From what I read above; will I have to send in another full ESA form, or just adjust my claim to include him in my claim? Can I claim for him as he is or do we both have to be eligible for ESA to get the ESA couples rate?

Its all very confusing
xxx

broad-sword_2

It can be very confusing! Bottom line is you cannot both claim income related benefits.

It does sound like you are on ESA Conts (in this case the group does not matter) and he is then claiming IS as a top up for both of you. Your ESA would then come off his IS. DLA is disregarded with income related benefits.

Now, back to your original question!

If he fails the WCA it may get a bit messy.... from what we know...

You could claim for him as you are in the SG and it sounds like you may qualify for ESA Income Related. Or he could appeal and claim for you - in the latter ESA would replace his IS. Your ESA would come off his ESA IR. A lot of variables I know, but I hope it is a little clearer now. Best advice (as you do not want to post your life on here) is to speak to Jobcentre Plus.

epitome

recoverydust wrote: »

I get ESA £105.05 per week (paid fortnightly) Support Group ESA(C) single person rate
and DLA £98.00 per week (paid 4 weekly) high care, low mobility. Ok
My ESA is detailed in correspondence addressed to me and paid to me into his bank account Ok
He gets Carers Allowance of £58.45 paid weekly Ok
He gets Income Support paid fortnightly(ahhh, I was surprised by the £90) of about £90 hmmm
His benefits are detailed in correspondence addressed to him and also paid into his bank account
I have not been on Incapacity benefit, and have been on ESA in the Support group for nearly two years, with 18 months to run since the last decision earlier this year. Ok that's fine
We dont have savings, its an ambition which i hope is now clearer in my signature.
When I originally had to claim ESA we had the paperwork completed for us as a couple by the Disability Advisor at the DWP and have subsequently queried the separate payments to be told that this is correct.
We informed them when we married this year and again were assured our benefits were right, they were also checked by Money Advice when I got debt counselling.

From what I read above; will I have to send in another full ESA form, or just adjust my claim to include him in my claim? Can I claim for him as he is or do we both have to be eligible for ESA to get the ESA couples rate?

Its all very confusing yes I know, tell me about it!
xxx

Ok, If I were you, I would phone IS and ask how his weekly amount has been reached...
As far as I am aware his IS would have these elements:
Couple rate £111.45 per week
Carer Premium £32.60 per week
other benefits (CA) deducted -£58.45
other benefit (your ESA) deducted -£71
TOTAL = £14.60 per week
So should be £29.20 per fortnight.
TOTAL including your benefits & my IS calculation & his CA = £276.10

My calculation is coming up short of about £25 per week compared to what you get, do you have a disabled child? So..... if you could fill in what's missing.....


Based on the above, if he were to stop claiming alltogether you would claim (per week)
ESA C & IR £111.45
SG component £34.05
SDP premium £58.20
DLA £98
TOTAL £301.70
Which is very similar to what you say you are now getting (using your figures for his IS).

Advantage of this ....simpler benefits claim just 2 claims ESA & DLA

Disadvantage of this he is currently getting his National Insurance paid by IS
If he stops his IS he no longer gets his NI paid, and would have to claim maybe JSA for NI only.
If your ESA stopped (for whatever reason) 66% of your income would disappear until you got the problem solved.

Advantage of keeping things as they are...If your ESA stops only 33% of your income will disappear till you get it sorted.
His NI are paid
He may be better off if he works under 16 hours a week (will be able to keep more of the money than if you were claiming for him)

He only needs to be concerned about his NI if he does not already have enough NI for a full state pension.

By the way, he won't be moved onto ESA if he asks to remain on IS for being in receipt of CA. Which would probably be best - as you say he won't get 15 points.

nannytone_2

his NI contribution would still be paid, as he is claiming carers allowance

epitome

Not if he stopped all of his benefits, which is what I was theorising upon.

But now you mention it, it is another option to consider
He keeps his CA (for NI credits) stops his IS
She claims ESA IR for both.

Narrows it down to 3 benefits esa dla & ca