New Style ESA entitlement if on Carers Allowance

carerme

Hi everyone. Thanks in advance for any help/advice you can give.

I recently was refused New Style ESA on the basis that i had not paid enough national insurance contributions in the 2016-2017 tax year.

However since October 2016 i have been a carer with only a month break in 2018 after the loss of my mother, where i then became my uncles carer. So i have basically been in reciept of carers allowance and associated NI credits since October 2016.

I thought that under regulation 9 of the 2013 regulations for ESA, that i would be entitled to New style ESA for being in receipt of carers allowance in the 2018-2019 (last tax year) under the exception rule.

I also thought that because i have been in receipt of carers allowance the last 2 tax years 17/18 and 18/19 that i would qualify. So i confused as to why they are saying i don't qualify based on my contributions for the 2016/17 tax year alone, when i thought it was based on the last 2 tax years, or the last tax year under reg 9.

Any advice or clarification would be appreciated guys.

P.S. My claim for new style ESA was dated 24/6/2019

poppy12345

If you have worked and paid NI Contributions for 1 year at any point in your life then the Carers allowance claim will satisfy the 2nd condition. See link.


https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based


Are you still claiming Carers allowance? If so then you can't claim New style ESA and carers allowance together because they are overlapping benefits.

carerme

poppy12345 wrote: »

If you have worked and paid NI Contributions for 1 year at any point in your life then the Carers allowance claim will satisfy the 2nd condition. See link.





Are you still claiming Carers allowance? If so then you can't claim New style ESA and carers allowance together because they are overlapping benefits.

Hi Poppy.

Yes i have worked for more than 1 year where i was paying National Insurance.

They seem to be ignoring the last 2 tax years 2017-18 and 2018-19 and relying on the 2016-17 tax year, so they're relying on the more than just the last 2 tax years for some reasons - Which has me confused.

Yes i'm still claiming carer allowance, as i in a full service universal credit area so i get the carer element of UC even with New Style ESA (if they hadn't refused me).

Basically i can not understand how they can rely on an earlier tax year than the last 2 to refuse me, when i have been in receipt of carers allowance during the last two tax years - meaning i would be eligible under the exception under reg 9.

Any advise on how to go forward with this?

poppy12345

carerme wrote: »

Yes i'm still claiming carer allowance, as i in a full service universal credit area so i get the carer element of UC even with New Style ESA (if they hadn't refused me).

As you're claiming UC then claiming New Style ESA will not be of any benefit to you because the ESA will be deducted £1 for £1 from your UC claim.



Are you sending in fit/sick notes for your UC claim?

calcotti

The confusion is because the rules refer to tax years and benefit years which are not the same. A benefit year, unlike a tax year, basically corresponds to a calendar year.

For a claim made in 2019 the standard test will be the 2016-2017 year and the 2017-2018 year. The 2018 -2019 will not be taken into account. This is because it is the two last tax years before the current calendar year that are used.

However if you were in receipt of Carer’s Allowance for at least one week in the tax year 2017 - 2018 tax year, which you appear to have been, the DWP should look at your whole NI record and provided you meet the requirements in any two years you are entitled to claim ESA.

You should request a Mandatory Reconsideration. Refer them to Advice to Decision Makers paragraph U1035. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/579621/admu1.pdf

(Poppy is incorrect to say that this relaxation applies if you received CA at any point in your life - it must be the last tax year prior to the benefit year in which the Limited Capability for Work began.)

As poppy says there is no financial gain to getting ESA in addition to UC, unless due to other income the UC amount is less than the ESA amount would be, because the ESA taken into account as unearned income when calculating UC. However there may still be merit in claiming ESA if your circumstances might change in such a way as to end your UC entitlement (increase in other income or savings)

carerme

poppy12345 wrote: »

As you're claiming UC then claiming New Style ESA will not be of any benefit to you because the ESA will be deducted £1 for £1 from your UC claim.



Are you sending in fit/sick notes for your UC claim?

Yes i was given a 3 month sick note, which was sent it to DWP as part of my claim for ESA. And yeah i know they deduct it pound for pound, but i rather sort it out now prior to assessment.

poppy12345

I really don't see any benefit to claiming New style ESA and UC.

carerme

calcotti wrote: »

The confusion is because the rules refer to tax years and benefit years which are not the same. A benefit year, unlikea tax year, basically corresponds to a calendar year.

The standard test will be the 2016-2017 year and the 2017 - 2018 year. The 2018 -2019 will not be taken into account. This is because it is the two last tax years before the current calendar year that are used.

However if you were in receipt of Carer’s Allowance for the whole of the tax year 2017 - 2018 tax year, which you appear to have been, the DWP should look at your whole NI record and provided you meet the requirements in any two years you are entitled to claim ESA.

You should request a Mandatory Reconsideration. Refer them to Advice to Decision Makers paragraph U1035.

(Poppy is incorrect to say that this relaxation applies if you received CA at any point in your life - it must be the last tax year prior to the benefit year in which the Limited Capability for Work began.)

As poppy says there is no financial gain to getting ESA in addition to UC, unless due to other income the UC amount is less than the ESA amount would be, because the ESA taken into account as unearned income when calculating UC. However there may still be merit in claiming ESA if your circumstances might change in such a way as to end your UC entitlement (increase in other income or savings)

Right i see - So basically last two tax years be 2016-17 and 2017-18.

And yes your right, their was no break in my claim for carers allowance between october 2016 and october 2018 - So for the whole of the 2017-2018 tax year i was in receipt of carers allowance. Which based on what you have said means i should be entitled based on my full national insurance record?

tomtom256

poppy12345 wrote: »

I really don't see any benefit to claiming New style ESA and UC.

The only benefit would be if you had a partner or capital that would affect income based benefits or needed housing costs.

poppy12345

calcotti wrote: »

(Poppy is incorrect to say that this relaxation applies if you received CA at any point in your life - it must be the last tax year prior to the benefit year in which the Limited Capability for Work began.)

I think you misunderstood me, that's not what i said.

poppy12345 wrote: »

If you have worked and paid NI Contributions for 1 year at any point in your life then the Carers allowance claim will satisfy the 2nd condition.

carerme

So i satisfy condition one based on receiving carers allowance in the last tax year 2017-2018?

And i satisfy condition two based on paying or having been credited with class 1-2 national insurance contributions for any two tax years (including 2017-18) since 1988/89?