Esa & carer's allowance query

JaneDoeJohnDoe

Claimaint getting Esa income Wrag group (old rate). Claimant also getting Carer's allowance for caring for someone.
Should claimant be found fit to work by DWP DM what is next steps to take? Obviously MR & appeal but I meant in terms of Income related benefits? Assume UC not IS. Would still be getting Carer's allowance.
Also, if as I am thinking it would be UC claim, if they then won an appeal or poss MR, I know you can not go back to Esa. Thus would they continue to recieve old rate Wrag esa qualification rates but just "tacked onto " UC claim instead?

poppy12345

If the person was found fit for work then they could either wait for the MR decision, which usually remains the same. Request the Tribunal after that then once the Tribunal have accepted the appeal they can go back onto assessment rate for ESA, with fit/sick notes from their GP, while they wait for the Tribunal.


Or they will have to claim UC, if they do this and the Tribunal goes in their favour and they are given Limited capability for work (WRAG) then they would be entitled to the LCW element of UC which is an extra £126 per month.

calcotti

In this case if they are still a carer they are entitled to the carer element of UC which is worth £160.20. If this is included the LCW element will not be paid because the carer element is worth more and under UC rules a claimant cannot be paid both the LCW and carer elements.

Note that if the claimant then ceases to be a carer, even if they still have LCW, it appears that the LCW element will not be paid https://www.rightsnet.org.uk/forums/viewthread/13338/#62274

Alice_Holt

Is "Claimaint" also in receipt of HB?
How long have they been claiming ESA?
Are they a single claimant or part of a couple?

The individual would really be best to get accredited advice and help from their local advice agency / Citizens Advice, which can be tailored to their exact circumstances.

Poppy's advice (as always) is spot on, but in general, I think it can be dangerous for a claimant to rely on advice filtered through a family member / friend / neighbour / etc and gathered via a public site. The specific details are always important, and t would be better for the claimant themselves to post the question and clarify any issues arising.

poppy12345

Alice_Holt wrote: »

I think it can be dangerous for a claimant to rely on advice filtered through a family member / friend / neighbour / etc and gathered via a public site. The specific details are always important, and t would be better for the claimant themselves to post the question and clarify any issues arising.

Totally agree that 3rd party advice is never the best because there's nearly always information missing.

JaneDoeJohnDoe

Thank you for replies. In short yes HB being paid. Single. Been on ESA WRAG since migrating from IS (disability premium).
The idea of MR then appeals rate Esa does seem best.
Does the "gap"of no esa until appeals rate allow backdated payment once appeals rate esa kicks in? Or do you only get that gap paid if you win appeal?

poppy12345

JaneDoeJohnDoe wrote: »

Does the "gap"of no esa until appeals rate allow backdated payment once appeals rate esa kicks in? Or do you only get that gap paid if you win appeal?

A fit note will be needed from the date the person is found fit for work for it to be backdated.

Alice_Holt

JaneDoeJohnDoe wrote: »

yes HB being paid

They will need to complete a nil income return for their HB to continue.