ESA Carers Premium

Robbie64

poppy12345 said:

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 could claim the Carers Allowance.

I'm assuming it was to get underlying entitlement to Carers Allowance and therefore to get the Carers Premium paid with ESA.

I'm also assuming that the person being cared for isn't a partner as the amount of ESA currently being paid is for a single person.

poppy12345

Robbie64 said:

poppy12345 said:

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 could claim the Carers Allowance.

I'm also assuming that the person being cared for isn't a partner as the amount of ESA currently being paid is for a single person.

Yes that's my thoughts too but strange things do happen with DWP and errors are possible.

calcotti

poppy12345 said:

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. 

ESA is most likely contribution based with an income based top up.
I don't think OP has been told that they cannot claim CA. OP is entitled to claim Carer's Allowance but cannot be paid it. due to overlapping benefit rules They retain an underlying entitlement which gives rise to entitlement to carer premium in other means tested benefits including ESA.

SD85

Robbie64 said:

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.

Yes, your correct Robbie64.

Well this morning passed with no phone call from the benefit centre. So decided to give ESA phone call and a decision has been made, arrears will be paid full from 24/02/2020.. (are they chancing their luck or can they do this?) I told them this is wrong, I've been known to be a carer with CA since 2016, ESA said I need to wait on the letter arriving then I tell them why I think the decision is wrong.

Robbie64

Did ESA say why it would be paid from 24/02/20? I've tried to find out what the current rules for backdating are but with no success. In any case this is most likely an error by the DWP where they had the information back in 2016 but failed to act on it. This is where a visit to Citizens Advice would normally be useful but they are only contactable by telephone.

Hopefully other posters may know otherwise and can advise but I do think arrears should be paid back to 2016.

calcotti

Suggest you do as DWP have suggested. Wait for the letter then request a Mandatory Reconsideration of the decision not to backdate further.

Unfortunately although the DWP have internal communication procedures and ESA should have been aware of the CA entitlement I think there is case law that says claimants are not entitled to rely on this. There is a general requirement that claimants notify each DWP of any changes that might affect the benefit administered by that department - which of course assumes that the claimant know she this might be the case. That case law I think related to an overpayment situation but I guess the same principle could be applied to backdating. Unfortunately I can’t find the case at the moment.

However if you have the original 2016 letter and it says, as you say, that CA have already told ESA then they should have acted on it and you should get full arrears. Your MR can enclose a copy of the letter and reference the relevant paragraph in the letter.

Robbie64

If SD85 can't find the 2016 letter then Carers Allowance Unit may be able to send out a copy of it. This will depend on whether CAU still hold anything dating back 4 years on a claim where no Carers Allowance was actually paid.

SD85

Robbie64 said:

Did ESA say why it would be paid from 24/02/20? I've tried to find out what the current rules for backdating are but with no success. In any case this is most likely an error by the DWP where they had the information back in 2016 but failed to act on it. This is where a visit to Citizens Advice would normally be useful but they are only contactable by telephone.

Hopefully other posters may know otherwise and can advise but I do think arrears should be paid back to 2016.

When I called ESA today they said it's been made this morning but not saying how much etc.. Just that it'll be from 24/02/2020. Not sure why that date, thought they only backdate upto 2 or 3 months?

SD85

calcotti said:

Suggest you do as DWP have suggested. Wait for the letter then request a Mandatory Reconsideration of the decision not to backdate further.

Unfortunately although the DWP have internal communication procedures and ESA should have been aware of the CA entitlement I think there is case law that says claimants are not entitled to rely on this. There is a general requirement that claimants notify each DWP of any changes that might affect the benefit administered by that department - which of course assumes that the claimant know she this might be the case. That case law I think related to an overpayment situation but I guess the same principle could be applied to backdating. Unfortunately I can’t find the case at the moment.

However if you have the original 2016 letter and it says, as you say, that CA have already told ESA then they should have acted on it and you should get full arrears. Your MR can enclose a copy of the letter and reference the relevant paragraph in the letter.

No I don't have the original letter but will be calling CAU tomorrow. Going with memory I believe on the letter It said I'm not entitled to CA but could be entitled to other benefits. I'm positive I called ESA up when I received that letter and they told me that CA hasn't contacted them yet and when they do they'd contact me hence when I called them on Friday it was on the system but was saying suspended..

Robbie64

SD85 said:

Robbie64 said:

Did ESA say why it would be paid from 24/02/20? I've tried to find out what the current rules for backdating are but with no success. In any case this is most likely an error by the DWP where they had the information back in 2016 but failed to act on it. This is where a visit to Citizens Advice would normally be useful but they are only contactable by telephone.

Hopefully other posters may know otherwise and can advise but I do think arrears should be paid back to 2016.

When I called ESA today they said it's been made this morning but not saying how much etc.. Just that it'll be from 24/02/2020. Not sure why that date, thought they only backdate upto 2 or 3 months?

The specific date is very intriguing. It's 5½ months ago so it seems very random. Hopefully when you receive the decision latter it will explain the significance of that date. One thing you can check though, assuming you keep letters you get from the DWP. You should have received a benefits uprating letter from ESA a few months ago. If you still have that letter can you check the date it was issued. This is a wild guess but I wonder if it was 24/02/20 which, if this is the case, would mean the DWP have revised the last determination (decision) on your ESA claim. It's most likely not the case but it's something you can check (assuming you still have the letter) in the meantime.