Carers Allowance and ESA Query

bigshorty40

Hello Everyone
Hoping some of you might be able to give me some advice as to whether I should be entitled to Carers Allowance for my partner whilst claiming income related Employment and Support Allowance.
We currently claim ESA as a couple, as well as housing and council tax benefit. I was awarded PIP up until the start of January this year when after a review it was deemed that I was not entitled to it anymore, even though I have been diagnosed with Fibromyalgia, CFS, IBS and Anxiety. I still have an ongoing appeal regarding this decision, although I'm not hopeful it will be a successful appeal even with the help of my local MP, but that is another story. However, my partner has had a successful PIP award for severe mental health problems following her recent review.
Can anyone tell me if I am able to claim Carers Allowance for her, what to expect during the CA claim process and if successful in being awarded CA, how this is likely to affect the other benefits we have been awarded.
I'd be ever so grateful for any info and advice anyone is able to provide.

Alice_Holt

Yes, you can claim CA, the outcome will be a carers premium of c.£36 pw added to your ESA claim.
You will be £36 a week better off by claiming CA.
However see bigbill's post re option of not claiming this if you are very confident of winning your PIP appeal.

Why are you getting the help of your MP with your PIP appeal? Your MP is unlikely to have benefits knowledge that can guide you through a successful appeal.
Have you also got the help of your local advice agency / CAB?

Read this guide carefully:
https://www.advicenow.org.uk/guides/how-win-pip-appeal

If you are successful you will then both be able to claim going forward the £62 Severe Disability Premium on your ESA.
So, that will be a £90 pw increase in your ESA monies (£62*2-£35) when you cancel the CA element to receive the SDP.
Plus the your PIP award.

More info on PIP appeals:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

Concentrate on why you should have been awarded the necessary 8 points:
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

bigshorty40

Thank you for the quick reply and your information to my query.
The reason I got my local MP involved was more because of the inconsistency in the whole claims process. My sister in law was diagnosed with CFS alone, and managed to get a successful PIP award, yet my confirmed diagnosis of Fibromyalgia, CFS, IBS and Anxiety led to an unsuccessful claim, which to me ludicrous. There were also discrepancies in my DWP report concerning my review, between what I said, what the assessor wrote up and what the DWPs final word was, it was a total farce to be honest. I felt so angry I contacted my local MP to express my disgust and he has taken it upon to query the decision with the DWP and to be my representative at my appeal hearing. I don't know what influence he will have upon my appeal, but I thought it strange as I was initially told that MPs aren't and don't have a say with the way the DWP conduct their business. I think the point I made to him that why shouldn't MPs have a say when the government set out the budget for the DWP might have had some influence. I did follow as much advice I found online concerning my PIP appeal, but due to my illnesses I am housebound and have been for almost a year now, so would not have been able to attend any appointments with the CAB or local advice agency. If the worst comes to the worst, then I'll just put in a new claim for PIP if my appeal is unsuccessful, hopefully I can get myself well enough to attend a CAB appointment then to help with a new claim.
Thanks again for your comments though, I really do appreciate it.

Alice_Holt

bigshorty40 wrote: »

There were also discrepancies in my DWP report concerning my review, between what I said, what the assessor wrote up and what the DWPs final word was, it was a total farce to be honest. I felt so angry I contacted my local MP to express my disgust and he has taken it upon to query the decision with the DWP and to be my representative at my appeal hearing.

At my CAB we see many very flawed PIP medical assessments, and help our clients through the appeal process.
I assume you have MR'd the decision, and have lodged the SSCS1 form with the Tribunal Service and are awaiting the hearing date. I am correct? Have you received the DWP evidence bundle?

FYI this is what we do as representatives:
- sit down with the client and carefully go through the PIP descriptors and jointly identify those which should apply.
- prepare the client for his tribunal. Explain what will happen. Help the client understand the descriptors (many don't). Encourage the client to make notes / diary / examples to take to the hearing and use these to fully explain their day-to-day difficulties.
- try to diffuse the client's anger at a flawed assessment, and focus them on how to win their appeal by showing the tribunal how the activities / descriptors apply to them. Too much criticism of ATOS etc won't help at the hearing - however dispassionate identification of internal inconsistencies within the report is useful.
- explain the PIP concept of reliability and majority of the time to the client.
- when the DWP evidence bundle is received we carefully go through it, and then write a submission to the tribunal explaining why PIP should have been awarded. This is done with, and agreed by the client before we submit it to the TS. it is at this point we may identify internal inconsistencies within the report , and between the report and the PIP2 form, and between the report and other medical evidence.
- help obtain medical evidence / other evidence to support the client's case.

Is your MP doing this for you?

We often don't attend the hearing, as the tribunal need the client's verbal evidence. A third party can only speak at the invitation of the tribunal's judge.
We have already submitted our evidence detailing why the award should be given, and citing any relevant case law.
The best person to attend the hearing is someone who knows the client. They can sometimes give the tribunal more info on how the client is affected day to day.

Don't confuse a tribunal with an adversarial court process. You don't have someone there to put your case - rather the tribunal want to talk to you and understand your day to day life.

Given you will get 2-3 weeks notice of the hearing, I doubt that a busy MP would be able to attend - they are normally booked up months in advance.

poppy12345

bigshorty40 wrote: »

My sister in law was diagnosed with CFS alone, and managed to get a successful PIP award, yet my confirmed diagnosis of Fibromyalgia, CFS, IBS and Anxiety led to an unsuccessful claim, which to me ludicrous.

PIP isn't awarded based on a diagnosis, it's how your conditions affect you daily and you can't compare two people.

bigbill

Sorry Alice but we will have to agree to disagree on this one

Alice_Holt wrote: »

Yes, you can claim CA, the outcome will be a carers premium of c.£35 pw added to your ESA claim.

I agree but you may wish to wait to claim Carers until you have had your appeal, see below for why?

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You will not receive CA separately to the ESA.

I disagree as you will get paid the £64.60 weekly carers but they (ESA) will simply reduce your ESA by the same amount, but you will then get the above £36 weekly added to your on-going ESA.

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If you are successful you will then both be able to claim the £62 SDA premium on your ESA.

I disagree as you will have had carers paid to you during the appeal period that cancels out one SDP that would have been due if you win at appeal.

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So, that will be a £90 pw increase in your ESA monies (£62*2-£35).

Sorry have to disagree again, if you win at appeal only one SDP will be due at £64 weekly due to you having carers paid to you as per above post.

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It's risky but could be worth it if you DO NOT claim carers now and wait and see what happens at you appeal as if you win back your PIP you will then be due the double SDP from when your partner got her PIP award from at £128 weekly rather than the single one at £64 weekly if you claim carers now.

If the appeal is lost claim and backdate a carers claim 3 months for looking after your partner to get the extra £36 carer premium paid and backdated.

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bigshorty40

poppy12345 wrote: »

PIP isn't awarded based on a diagnosis, it's how your conditions affect you daily and you can't compare two people.

I agree with what you are saying, so how can it be right that my sister in law can have a successful PIP award and is able to go out now and again and have a life, yet I have not been able to get out for months from being housebound everyday, and being in so much pain to the point where I sometimes can't get to the toilet in time so have a portable urinal handy just in case? It's all a total shambles and a complete joke to be honest.

bigshorty40

bigbill wrote: »

Sorry Alice but we will have to agree to disagree on this one

I wish I'd read this post sooner, I've already applied for CA, however I'm convinced my tribunal appeal will be unsuccessful, so I guess it doesn't really matter. Thank you anyway for your comments, I do appreciate them.

poppy12345

bigshorty40 wrote: »

I agree with what you are saying, so how can it be right that my sister in law can have a successful PIP award and is able to go out now and again and have a life, yet I have not been able to get out for months from being housebound everyday, and being in so much pain to the point where I sometimes can't get to the toilet in time so have a portable urinal handy just in case? It's all a total shambles and a complete joke to be honest.

Are you saying your SIL shouldn't have a life? I'm sorry but just because a person claims PIP, it doesn't mean they can't still have a life.


PIP is all about how your conditions affect you and everyone is different and you shouldn't compare yourself to her. The descriptors don't apply to everyone and i'm not saying they don't apply to you because i have no idea how your condition affects you.

Suzyk1963

Hi could someone advise me please.
I filled a online claim for carers allowance Middle of June .
I'm currently claiming universal credit.
I've been caring for my mum since she was awarded attendance allowance for day\nite since February.
I've made the claim from Feb will I be back dated?
How will it be worked out if I'm on universal credit ?
How much a month will I be getting?
Many thanks sue

Alice_Holt

Suzy,

Is your UC work coach aware of your caring responsibilities?

You should be getting this:

"Carers Element of UC
You can get this addition of £156.45 per month if you are caring for a severely disabled person for at least 35 hours a week. You do not have to claim Carer's Allowance to get this element. Unlike Carers Allowance, a person can still receive the Carers Element of Universal Credit, no matter how much they earn."

Are you getting this UC element?

https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/universal-credit

Are you in the No work-related requirements group?
"You will be placed in this group if you are earning above your earnings threshold. This is based on what you would earn if you worked for 35 hours a week at the National Minimum Wage. If you have caring responsibilities your threshold may be lower than this.

You will also be placed in this group if you:
receive the carers element or are providing care for a severely disabled person for at least 35 hours a week ".

In financial terms (once you are getting the UC carers element) you will be no better off by claiming CA, as the amount you receive for CA will then be deducted from your UC total monthly payment.
https://www.entitledto.co.uk/help/Caring-overview-Universal-Credit