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Advice need on changing to Income Support & Carers pls

Hi everyone. Merry Xmas!

First of all just need some advice pls, as everywhere I read, I get conflicting information and now even more confused.

My mum receives both high rates of DLA + the Enhanced Disability Premium.

My dad who is now her carer (since 2 months ago), he looks after her practically 24 hours a day. He used to be on Incapacity, then was reassessed for ESA and was refused it. He appealed in the summer and is currently getting the appeal rate which will stop end of Jan if we do not provide a new sick note.
However, since the appeal, he is now my mums carer, and is entitled to Carers Allowance. Since the ESA will stop end of Jan, he wants to claim Carers from then and on the ground of just that income also file a claim for Income Support.

This is where I am getting confused.
1) How do we file a claim for Income Support without a gap in benefit (so when his ESA stops, Income Support will start the following day?)
2) I understand mum will loose her entitlement to the enhanced disability premium. But will my dads Income Support affect how much carers he is getting? And where does the Carers premium for IS come into play?

If I am understanding correctly, once dad receives Carers Allowance and IS - the IS will be reduced by the Carers amount?
So couples rate for IS is 111.45 - 58.45 (Carers) = 53 Income Support to be paid. Plus the Carers Premium? + 32.60 = 144.05 per week.

Is it not better off just claiming IS on the grounds of looking after a disabled person (without claiming for Carers Allowance) which will mean mum will still continue to receiver her Enhance Disability Premium?
Ohh my last question, if thats the case mum continues to receive the Enhanced Disability Premium, can dad still get the carers premium of IS? Or can he only get this if he is already in receipt of Carers?

Thanks guys and sorry for the long post.
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Comments

  • chokolat2
    chokolat2 Posts: 438 Forumite
    edited 27 December 2012 at 10:58AM
    It's a miracle and a gift from God that my father is slowing recovering to the state where he is actually able to look after my mum, who hasn't been so lucky after a very serious accident 5 years ago. Enough said!
  • miduck
    miduck Posts: 1,800 Forumite
    edited 27 December 2012 at 11:00AM
    OP, it is good to hear that your father is now well enough to care for your mother. However, this being the case, why is he appealing the ESA decision?
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 27 December 2012 at 10:59AM
    As long as a carer is doing something for the sick/disabled person for 35 hours a week, they are entitled to claim CA. The care can be making sure someone takes their medication, being available to call for help if someone has a fall, make them a cup of tea, being on hand at night in case help is needed. etc, - so not onerous duties. As these can be done at varying times of day or night, it can easily be done by someone not in the best of health themselves.
  • Sup
    Sup Posts: 15 Forumite
    edited 27 December 2012 at 2:52PM
    Edit... shame Admin/Mods decided to edit/remove loads of posts in this thread.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 27 December 2012 at 11:00AM
    You obviously do not understand the what the DWP considers to be the duties of a carer. It is clear from your comments that you are not aware that it is possible for a person to be entitled to IB/ESA and DLA and still be entitled to carer's allowance for caring for another person, provided that the caring tasks are not inconsistent with the reasons that they are claiming disability/health benefits.

    If you do not agree with this, you should start a thread on discussion board and/or contact your MP. THIS board is for benefits advice and information, not for debating the perceived rights and wrongs of the benefits system.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Yes you are right SUP, your comment was very upsetting, but never mind. I came on here to ask for advice and its very upsetting that people are so quick to assume/judge without knowing all the details. I think I gave enough information as back up to my questions.
    To answer the question why my father is appealing ESA - the appeals process was started just under a year ago when my dad was not well enough to care for my mum. Since then, and quite recently actually after a successful op, my father is showing good recovery and has started to do a lot for my mum.

    As I have mentioned in my first post, my fathers ESA will stop end of Jan. Due to not having any income when the ESA stops, and him becoming a full time carer to mum, he would like to claim IS on the basis of being a carer. So my questions still stand in my first post, if anyone does know the answer/or perhaps can offer any advice please.

    Thank you for your support zzzLazyDaisy.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 27 December 2012 at 11:01AM
    You obviously do not understand the what the DWP considers to be the duties of a carer. It is clear from your comments that you are not aware that it is possible for a person to be entitled to IB/ESA and DLA and still be entitled to carer's allowance for caring for another person, provided that the caring tasks are not inconsistent with the reasons that they are claiming disability/health benefits.

    Quite. Until my mother died earlier this year, my father received CA (or the underlying entitlement to it) for my mother, even though he was claiming Attendance Allowance for himself.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 27 December 2012 at 11:03AM
    OP's father is her mother's carer. They are married and live together. By definition that makes him her full time carer. Even being a full-time carer does not mean that person is fit for work.

    The DWP rules provide that people in receipt of IB/ESA and/or DLA can also be a carer to another person and receive carer's allowance.

    But in any event, if the father claims carer's allowance, he will be exempt from seeking work, so if he decides not to pursue his ESA claim he will move to IS instead.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • @ Sup:

    You do know that a disabled person can claim Carers Alloowance?

    Two disabled people living as a couple can claim CA for each other.
  • chokolat2
    chokolat2 Posts: 438 Forumite
    edited 27 December 2012 at 11:05AM
    If you read the thread carefully, other people have understood me correctly. When I said my father cares for my mum practically 24-7, thats because they live together! Surely they are not going to count the minutes it takes my father to prepare the medicines, make dinner ect each and everyday and then calculate for the week. Surely have better things to do. They live together and my fathers cares for my mum throughout the day.
    I did clearly state that he is slowing recovering from his own medical condition- by the way, you dont event know what that condition is, as its common sense that some condition do not prevent you to care for your partner.
    Enough of this seriously....if anyone can actually help with my questions would be really useful.
    My father has worked in manual labour for over 45 years, and after a very serious accident has to quit due to health. Its not like he chose this life!
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