Help! Partner claims ESA but I have been sent a letter re work?

Morlock

Tigerlilly2013 wrote: »

Also I don't see any of this money as it is his claim.

Where do get your income from if it does not form part of 'his' claim?

Part of the problem here is your official status, you are neither a carer or a student as you do not claim carers allowance, and are not a student if your course is part-time.

Tigerlilly2013

What income? I don't have an income?

I am his carer, it was stated as that so my status would be carer? He gets paid ESA, so any carers allowance would be paid directly to him not me. When he was on dla the carers allowance was paid directly to him.

Confused now?

Mojisola

Tigerlilly2013 wrote: »

I am his carer, it was stated as that so my status would be carer? He gets paid ESA, so any carers allowance would be paid directly to him not me. When he was on dla the carers allowance was paid directly to him.

Are you mixing the CA up with something else?

It is paid to the person doing the caring.

Tigerlilly2013

Mojisola wrote: »

Are you mixing the CA up with something else?

It is paid to the person doing the caring.

I'm not confusing this at all, when he was on dla he filled in the form and I was stated as his carer at this point, on these forms, then he had to fill in the rest and I beleive we both had to sign but it was his bank details as it was his claim for dla, and he was paid carers allowance as part of his claim.

I had said to him if you are claiming the carers for me then surely it should be me in receipt of it and he said it was paid directly to him. This is definitely what happened, and it was definitely paid straight to him.

I am of the understanding that the same is happening with the esa claim but until they send any paperwork out it cant be double checked but the money is being paid directly to him not me.

Morlock

DLA is a separate issue, it is possible that he is still receiving DLA as well as ESA. More likely his Incapacity Benefit claim was transferred to ESA.

aliasojo

Tigerlilly2013 wrote: »

I'm not confusing this at all, when he was on dla he filled in the form and I was stated as his carer at this point, on these forms, then he had to fill in the rest and I beleive we both had to sign but it was his bank details as it was his claim for dla, and he was paid carers allowance as part of his claim.

I had said to him if you are claiming the carers for me then surely it should be me in receipt of it and he said it was paid directly to him. This is definitely what happened, and it was definitely paid straight to him.

I am of the understanding that the same is happening with the esa claim but until they send any paperwork out it cant be double checked but the money is being paid directly to him not me.

I think there is some confusion over this.

Carer's Allowance is claimed by the person doing the caring, i.e. you.

I suspect you are not claiming this which is why you will have got a 'work' letter.

Your partner cannot claim Carer's Allowance unless he is caring for someone else.

Did you ever actually see the paperwork when the claim was processed?

nannytone_2

it doesnt matter who's bamk account the carers allowance is paid into...
YOU are the one receiving carers allowance.
your husband cant claim to care for himself!

just because his name appears on the ESA claim means nothing.
the claim is a 'couple' claim. for him AND for you.

so you do receive benefit.

its like saying your children dont receive child tax credits because the money isnt paid into their accounts in their names!

Tigerlilly2013

Possibly. I really have no idea, as it is his claim I don't know the ins and outs of any of it which probably puts me in the worst situation to be in having a meeting with the job centre.

I still am unsure why the carers allowance is an issue though, if it has been stated as me being his carer then I don't really understand how that stops me officially being his carer?

I'm not sure quite of the relevance either, the circumstances mean it would be extremely difficult to find a job that would pay for a childminder that could do mornings, then a few hours off and then afternoons, a carer for during the day and be able to find a full time job that would pay for all of that, and for a maximum of two hours during a very small slot a day trying to find a job that is flexible enough to allow those hours, that would pay enough to cover the care for him too. That's assuming there is any jobs on the market which fit the bill.

If it is a touch base meeting rather than a work scheme placement plan so to speak that is ok, that is realistic, but realistically until September when my son starts school full time, working now is not possible. Hence studying now.

Torry_Quine

I think he will be receiving the care component of DLA rather than carer's allowance which you as carer would be eligible for as he gets higher rate DLA as long as you care for him for over 35 hours and aren't being paid for work over £111 per week.

Also esa and dla are totally different benefits and you can get one or both at the same time.

aliasojo

Tigerlilly2013 wrote: »

I still am unsure why the carers allowance is an issue though, if it has been stated as me being his carer then I don't really understand how that stops me officially being his carer?

A claim for Carer's Allowance requires a specific set of circumstances, i.e. that you care for him a minimum of 35 hours per week. This is recognised as a 'job' of sorts and you would not be required to look for paid employment.

Just stating on a form that you care for him is not the same thing and therefore isn't recognised as an absolvement from seeking work.

I think Torry may be right and he is getting the care component and not actually Carer's Allowance.

If this is the case, you need to apply for Carer's Allowance in your own right.