ESA Carers Premium

SD85

Hi, was told to apply for carers allowance back in 2016 from a money advisor, so I did and got a letter in saying I wasn't entitled and that was that. Very recently been told I should have received a top up on my ESA of a Carers Premium. I phoned Carers Allowance and I'm a known carer since 2016, they just can't pay me but said ESA should have acknowledge my eligibility criteria for it but haven't and you'll need contact them. 

Question is will I be backdated this as it was money I'm entitled to? I know it's a lot of money, but someone has messed up..

How do I get the carer premium?
You don’t have to do anything in order to get the carer premium. If you get Carer’s Allowance, or meet the eligibility criteria for it, it will be added on automatically by the relevant government department.

poppy12345

You were told you weren't entitled so there's no carer premium to add. Which ESA are you claiming, income related or contributions based?

SD85

This is were I'm confused. I've been told when you apply for carers allowance if your receiving esa then you are entitled to a top up of £37 which is called a carers premium. Carers allowance cannot pay because of something to do with 2 benefits overlapping?

KatrinaWaves

SD85 said:

This is were I'm confused. I've been told when you apply for carers allowance if your receiving esa then you are entitled to a top up of £37 which is called a carers premium. Carers allowance cannot pay because of something to do with 2 benefits overlapping?

If you were entitled. You are saying they said you were not entitled.

did they give you a reason at the time
for why you were not entitled? 

SD85

Which ESA are you claiming, income related or contributions based?

income related

SD85

KatrinaWaves said:

SD85 said:

This is were I'm confused. I've been told when you apply for carers allowance if your receiving esa then you are entitled to a top up of £37 which is called a carers premium. Carers allowance cannot pay because of something to do with 2 benefits overlapping?

If you were entitled. You are saying they said you were not entitled.

did they give you a reason at the time
for why you were not entitled? 

Yes, because I'm in receipt of Employment and Support Allowance IR. So this would mean I'm not entitled to CA but would meet for a CP. So this information should have been basically passed to ESA, which it was but when I phoned the person said this will need to be passed onto the benefit centre to deal with?

poppy12345

SD85 said:

KatrinaWaves said:

SD85 said:

This is were I'm confused. I've been told when you apply for carers allowance if your receiving esa then you are entitled to a top up of £37 which is called a carers premium. Carers allowance cannot pay because of something to do with 2 benefits overlapping?

If you were entitled. You are saying they said you were not entitled.

did they give you a reason at the time
for why you were not entitled? 

Yes, because I'm in receipt of Employment and Support Allowance IR. So this would mean I'm not entitled to CA but would meet for a CP. So this information should have been basically passed to ESA, which it was but when I phoned the person said this will need to be passed onto the benefit centre to deal with?

That wouldn't be the reason. Carers allowance can be claimed as well as Income related ESA BUT it's deducted £1 for £1 from the ESA and then the carers premium is added to ESA.

Carers Allowance then pay you.

Does the person you're caring for claim either PIP daily living, DLA mid/high rate care or Attendance Allowance? If so, do you care for them for at least 35 hours per week?

calcotti

SD85 said:

Which ESA are you claiming, income related or contributions based?

income related

If they couldn't pay you CA because of the ESA that means at least some of your ESA is contribution based. You cannot be paid CA because CA and contribution based ESA are overlapping benefits but the letter you received will have stated that you have an 'underlying entitlement'. This means a carer premium can be included in means tested benefits such as Housing Benefit, Council Tax Reduction and ESA.

You may be getting an income based ESA top up and, if you are not, are entitled to be assessed to see if you should be. The carer premium is an additional amount £37.50 which is included in the calculation. However if you have other income you may not be entitled to receive this because your other income may exceed the total of your income based entitlement.

How much ESA do you currently get (and is it just for you or does it include a partner)?

Unfortunately different parts of DWP are not very good at talking to each other. Whenever a benefit change occurs you are expected to tell all the other benefit sections.

However ring ESA and ask them about it. If you are entitled you may be able to get it backdated.

I'm not clear where the paragraph you quoted in your opening post was from - was it in the original letter you received?

SD85

Do the person you're caring for claim either PIP daily living, DLA mid/high rate care or Attendance Allowance? If so, do you care for them for at least 35 hours per week?

PIP and It's enhanced for both. Yes, I live with them.

How much ESA do you currently get (and is it just for you or does it include a partner)?

£261.30 fortnightly, just for me.

However ring ESA and ask them about it. If you are entitled you may be able to get it backdated.

I rang them on Friday and person said it's something the benefit centre will have to deal with and should have a call on Monday morning.. Said it's on the system but it's saying suspended? I've never received any top up onto my ESA.  

I'm not clear where the paragraph you quoted in your opening post was from - was it in the original letter you received?

It was from https://www.mariecurie.org.uk/help/support/benefits-entitlements/carers/premium 

poppy12345

SD85 said:

£261.30 fortnightly, just for me.
 I've never received any top up onto my ESA.  

That amount suggests ESA Support Group Income related, single person, which includes the Enhanced disability premium (top up) You say you live with the person you're caring for. Is this person your partner?

I doesn't make any sense why you were told you couldn't claim the Carers Allowance, if your circumstances haven't changed.

Robbie64

The decision letter from Carers Allowance (including decisions where CA can't be paid due to overlapping benefit rules and therefore where the underlying entitlement rule applies) includes a paragraph which in part states that Carers Allowance Unit (CAU) have notified the relevant benefit office about either entitlement or underlying entitlement to Carers Allowance. The letter then goes on to state that "your local DWP office uses this information to work out if you can receive the Carer Premium". This wording has been on the award notification letter from Carers Allowance Unit going back to at least 2009 and was still on the letter, word for word, in 2018. Carers Allowance Unit should have notified ESA in 2016 of this underlying entitlement. Either this was overlooked by CAU (unlikely as the notification is automatic), not actioned by ESA (a bigger possiblity) or otherwise there is a reason why the Carers Premium was not added (I can't think of one).

I wonder if SD85 still has the letter from CAU from 2016? If so, he or she will see the above I've referred to on the 2016 decision letter. Assuming SD85 was in receipt of income-related ESA in 2016 and has continued to be in receipt of it then SD85 has been underpaid benefit for the past 4 years and arrears for the full period should be paid.