Carer's allowance for my son but I also get PIP myself

nicdigby

Hello,
I'm considering making a backdating claim for ESA (contribution) going back a few years because the ESA helpline twice told me I wasn't eligible because I had not been working in the preceding two years. I now know thanks to help here that I was eligible because I was receiving Carer's Allowance for looking after my disabled son.
The ESA have upheld my complaint about how my ESA application was handled this time (I had a letter in writing from ESA to say I could receive payments for both CA and ESA (C) at the same time. This was wrong.). In that letter the complaints handler says that on my other issue of being told in 2016 and 2017 that i couldn't claim ESA, backdating is normally limited to three months but they would look at it if I could prove with medical evidence that for the period.

I can indeed provide medical evidence for 2016 onwards.

My question today is, will my complaint raise any eyebrows in that I am effectively saying that although I have claimed PIP through being disabled myself, and I want to claim ESA (C) because I have had stage four cancer all this time and have been unable to work, I have successfully been claiming Carer's Allowance for looking after my little boy. He receives higher rate of mobility and care and I do indeed care for him. I am up in the night with him helping him, giving him medicine etc and giving more care than a parent with a non-disabled child his age would do. There have been hundreds of times where I have dragged myself out of bed at night feeling rough myself from chemo, to help my little boy. But I have just got on with as a parent , because I've had to, and because there isn't another adult in the house much of the time (except when I've been really rough myself and even then it;s only been a week or so where i haven't done the night rises.)

Can anyone please tell me whether the DWP will think "hang on she's been claiming CA for her son and claiming she's caring for him, while stating she is sick herself and needs help for herself on her PIP form, how can she care for someone while claming PIP for herself?"

They do of course know I have claimed CA fr caring for my son and PIP for myself at the same time. This issue must come up with other people; can anyone re-assure me and tell me what I need to quote?

pmlindyloo

Have read your previous posts and think we need to recap.

Please confirm the following.

You have been awarded contribution based ESA in the support group. You are asking it to be backdated to when you first enquired about it having been given the incorrect information as to whether you were eligible. You were eligible through your Carer's allowance.

Can you confirm what you are currently receiving? Contribution based ESA? Carer's Allowance?

I know you are asking about claiming PIP yourself and contribution based ESA support group and also claiming CA for your child and whether this would be queried.

You are not entitled to income based ESA, I believe.

But, if you are on contribution based ESA then you cannot claim CA. They are overlapping benefits. So the question about their querying your eligibility for CA would not be a problem.

So, it is important to know what you are claiming at the moment.

You could have an overpayment of CA both currently and for any back payment of contribution based ESA.

Hope this makes sense!

nicdigby

Thanks for your reply.

Have received CA since roughly 2014. Last week it got stopped because I successfully claimed ESA (Contribution based) . I retain an underlying eligibility for CA through caring for my disabled son but I no longer get the payment for it.

For the last three years I have received CA for him, AND Pip for me. I am disabled through having stage four incurable cancer although treatment is going well. I have Ds1500 for Jan 2016 and a new one signed Jan 2019.

I want to claim backdated ESA (C) because the ESA helpline told me twice in 2016 and 17 I was ineligible because I hadn’t been working.

Now I know I was always eligible due to receiving CA in preceding years and I have it in writing they agree that I was eligible. They say if I provide medical evidence for 2016 onwards then they will look at the backdating claim.

I am worried if I do they will question why someone who has claimed PIp herself would be able to look after my son as well and therefore clai CA. That is indeed what I have been doing - looks after him during sometimes really difficult chemo times. I am worried they will say that if I am well enough to look after myself then I wasn’t ill enough to claim pip for myself. But I did it, with a lot of help from others but I did look after him myself for more than the stipulated hours per week.

Now I’m worried they will say I couldn’t have done both. Surely people who are disabled or ill sometimes have to look after others in their families who are also sick or disabled? That’s what’s happened to me. I wonder if there is any legislation I can quote?

nicdigby

Ps. Savings just too high to claim income based ESA so I’m not claiming it

NeilCr

See this link

https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/personal-independence-payment

You can claim them both at the same time. There might be a problem if, in caring for someone, you go against the reasons that get PIP.

For example - you have PIP for a crippling back injury and you are using a hoist to get the person you care for in and out of bed.

But, from memory, that sort of thing wouldn't be relevant in your case.

pmlindyloo

Thanks.

So what I am saying is that if you are awarded the backdated ESA then any CA that you received during that time would be an overpayment.

Now, because it is an official error then I am not sure how this would be treated. They could ask you to pay the CA back or deduct it from your backdated ESA. Since your ESA is more than your CA then there would still be some backdated money.

They may not ask you to pay it back.

To be honest, unless anyone can find any legislation about this (when an official error) then I suspect you will have to pay it back.

Now to come to your original question!

The criteria for receiving CA is that the 'cared for' one is receiving the correct DLA/PIP/AA (which your child is) and that you spend 35 hours a more caring for them.

I have never known of a case where this has been queried when the carer has also been receiving disability benefits. There are people with disabilities claiming for their partners with disabilities. Indeed there are couples with disabilities who each claim CA.

Please don't worry about it. You seem to be doing a wonderful job under the circumstances. Have you had a carer's assessment through your local health authority to see if they will give you any help? Worth a try. I'll find a link for you.

https://www.carersuk.org/help-and-advice/practical-support/getting-care-and-support/young-carers-and-carers-of-children-under-18

NeilCr

Just to underline what pmlindyloo has said.

I've seen a number of couples at our CAB who claim CA for each other. And, I've never heard of any of them being queried either.

I raised the back example - not because I think it is likely to happen - but to be clear about all possibilities.

nicdigby

Thank you. No I’ve never had a carers assessment. Right now i feel hugely unsupported so I will take a look at that carers link.

I’m surprised to hear that sometimes a couple both claim CA but that has reassured me.

No I don’t have to lift my child for the care. It’s more like medication giving and hot water bottles and special massage and reassurance and hugs I give in the middle of the night when he is in pain. My pip reasons don’t contradict the care I give him. I’ll double check my pip application though.

Which reminds me. I got pip by applying and putting my needs for every element, before I got the ds1500. I got it awarded indefinitely. If I have a ds1500, should I officially re-apply for pip using the special grounds that the ds1500 gives me? I’m not sure I can face any more anxiety but will do so if it means less hassle in the future.

NeilCr

Sorry.

I wasn't suggesting that you had a lift for your child. It was a random example.

We have couples - one with physical problems and one with mental health issues - who claim CA for each other. They provide care in different ways.

poppy12345

I claim CA for my daughter and PIP/ESA for myself. I have a physical condition and my daughter has ASD and a learning disability. I've never had a problem.

nicdigby

Thank you all.
If anyone knows about whether I should re-apply for pip using my ds1500 as per my secondary question, pls let me know. Is there any benefit - or requirement - to getting pip via a ds1500 when I am already receiving it indefinitely?