New Style ESA entitlement if on Carers Allowance

calcotti

poppy12345 wrote: »

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

Apologies, you’re right I did misinterpret what you said.

calcotti

carerme wrote: »

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?

Yes.........
Unfortunately many DWP staff appear to be unaware of the relaxation for carers. If you wish to pursue it ask for a Mandatory Reconsideration on the grounds that the decision is incorrect in law because they have not applied the NI requirements correctly. Refer them to the guidance I referenced earlier and the regulation you correctly identified in your opening post.

calcotti

OP. Were you already getting UC before claiming ESA or did you claim both at the same time?

You said you have sent Fit Notes with your ESA claim. Have you sent copies to UC as well?

If ESA is awarded the Carer’s Allowance payments will stop although you will retain an underlying entitlement. You will need to make sure UC understand that you are still a carer.

Unfortunately DWP are not good at sharing information between different teams so it is essential to keep each benefit team fully informed separately.

If you are found to have Limited Capability for Work and Work Related Activity you will get the LCWRA element in your UC but the carer element will stop because you are not allowed to get both under UC rules.

carerme

Yeah am aware that should i be put in support group ill loose the carer element, but my uncle will regain his premium as a result. Either way, i'll be no worse off and still be caring for him.

Ringing DWP now. so will update you soon.

Thank you all for your help so far.

carerme

Right apparently they are saying that they can not use any two tax years to satisfy condition two it has to be the relevant last two tax years - Regardless as to me satisfying condition 1 as a result of being a carer.

I referred them to both reg 9 and to the decision maker guidance paragraph.

Oh and yes i been on UC since 2015/16 though did a bit of work for couple of months in 2016 (season work) before becoming a carer in October 2016. and yes i have send fit note to UC as well.

calcotti

carerme wrote: »

Right apparently they are saying that they can not use any two tax years to satisfy condition two it has to be the relevant last two tax years - Regardless as to me satisfying condition 1 as a result of being a carer.

I referred them to both reg 9 and to the decision maker guidance paragraph.

Oh and yes i been on UC since 2015/16 though did a bit of work for couple of months in 2016 (season work) before becoming a carer in October 2016. and yes i have send fit note to UC as well.

Things are clearer now that we know you are on UC before becoming a carer rather than in employment. They are correct that the relaxation for carers only applies to the first contribution condition which allows them to look at any tax year to see if you meet the requirement to have actually paid some NI contributions (or have been treated as having paid).

The second condition can only be met in the two relevant tax years (in this case 2016-2017 and 2017-2018). You will meet the requirement for 2017-2018 because you were receiving carers Allowance and get Class 1 credits. You will not meet it for the 2016 - 2017 year because you were only getting Class 3 credits through Uc for half the year.

DWP are therefore correct that you do not qualify for new style ESA.

If you apply again in 2020 you will qualify (assuming you continue to get Carers Allowance) because the relevant years will then be 2017-2018 and 2018-2019. The Carer's Allowance credits will then meet condition 2.

carerme

Ok thanks for all your help. Hopefully this thread will help others in similar situation as no doubt a lot of people who are carers on UC or transferred to UC who become ill themselves within 3 years of starting caring for someone will find this thread useful.