Esa entitlement but credits only

poppy12345

Even if a claim for Income based ESA was possible, he wouldn't be able to claim this because it's a means tested benefit. With you working this would rule it out.

The benefits calculator should have had the carers element in the calculation if your partner is claiming either PIP daily living or DLA mid/high rate care and you stated this on the calculator. If he's not claiming any of those then you won't be entitled to claim this element.

Disability element? Do you mean the LCWRA element? If so then this is related to the work capability assesment (like ESA) if placed into the LCWRA group (same as support gorup) then he would receive this element.

pmlindyloo

We have some very well informed people on here who know what they are talking about.
However, it can be very confusing if you know very little about the benefit system.
You should take one step at a time.
You have made a new application for new style ESA for your husband (the old contribution based ESA) so that's good.  You need to check that you have asked for it to be backdated for 3 months - you will need to produce fit notes from your husband's doctor to do this.

Now for the difficult part.  It is probably easier for people to help if you give more detailed information and hopefully some kind person  will work out whether you are entitled to Universal Credit - now or in the future.
So..........

One child soon.

How much do you earn weekly?  (Will this change soon when you take maternity leave?)

Do you rent your home or own/mortgage it?

What PIP does your husband receive?  Daily Living - standard or enhanced?  Mobility - standard or enhanced?

Any savings/second home/other capital?

At the moment your husband will be in the assessment phase of ESA so there may be more than one answer re UC depending on which group he is put into.

Claire1985smiley

poppy12345 said:

Even if a claim for Income based ESA was possible, he wouldn't be able to claim this because it's a means tested benefit. With you working this would rule it out.

The benefits calculator should have had the carers element in the calculation if your partner is claiming either PIP daily living or DLA mid/high rate care and you stated this on the calculator. If he's not claiming any of those then you won't be entitled to claim this element.

Disability element? Do you mean the LCWRA element? If so then this is related to the work capability assesment (like ESA) if placed into the LCWRA group (same as support gorup) then he would receive this element.

Oh right I had understood it wrong with the not considered as remunerative work and assumed this cancelled out my wage.

I entered the enhanced pip care and esa support group on the entitled to form but it didn't bring up entitlement will maybe have to phone someone and see

There is information comes up on entitled to called disability premium, enhanced disability premium and severe disability premium, he would be entitled to the severe disability premium as he isn't on income based but what about the other 2? Or are they automatically included in the £113.55 per week esa?

calleyw

This is for:

Severe disability premium

You must get the disability premium or income-related ESA, and one of the following qualifying benefits:

• PIP daily living component
• AFIP
• DLA care component at the middle or highest rate
• Attendance Allowance (or Constant Attendance Allowance paid with Industrial Injuries Disablement Benefit or War Pension)

You usually cannot have anyone aged 18 or over living with you, unless they’re in one of these situations:

• they get a qualifying benefit
• they’re registered blind
• they’re a boarder or subtenant (but not a close relative)
• they make separate payments to the landlord

You cannot get the severe disability premium if someone is getting Carer’s Allowance or the carers element of Universal Credit for looking after you.

Does any of that apply to you as a couple?

Yours

Calley x

Claire1985smiley

calleyw said:

This is for:

Severe disability premium

You must get the disability premium or income-related ESA, and one of the following qualifying benefits:

• PIP daily living component
• AFIP
• DLA care component at the middle or highest rate
• Attendance Allowance (or Constant Attendance Allowance paid with Industrial Injuries Disablement Benefit or War Pension)

You usually cannot have anyone aged 18 or over living with you, unless they’re in one of these situations:

• they get a qualifying benefit
• they’re registered blind
• they’re a boarder or subtenant (but not a close relative)
• they make separate payments to the landlord

You cannot get the severe disability premium if someone is getting Carer’s Allowance or the carers element of Universal Credit for looking after you.

Does any of that apply to you as a couple?

Yours

Calley x

How do you find out if he gets the disability premium and what makes u entitled for it? 

poppy12345

Claire1985smiley said:

calleyw said:

This is for:

Severe disability premium

You must get the disability premium or income-related ESA, and one of the following qualifying benefits:

• PIP daily living component
• AFIP
• DLA care component at the middle or highest rate
• Attendance Allowance (or Constant Attendance Allowance paid with Industrial Injuries Disablement Benefit or War Pension)

You usually cannot have anyone aged 18 or over living with you, unless they’re in one of these situations:

• they get a qualifying benefit
• they’re registered blind
• they’re a boarder or subtenant (but not a close relative)
• they make separate payments to the landlord

You cannot get the severe disability premium if someone is getting Carer’s Allowance or the carers element of Universal Credit for looking after you.

Does any of that apply to you as a couple?

Yours

Calley x

How do you find out if he gets the disability premium and what makes u entitled for it? 

He won't be able to claim any of those because you need to be claiming an Income Related benefit such as Income Relatedc ESA/JSA or Income Support. Note the benefits stated in this link.

https://www.gov.uk/disability-premiums/eligibility

As he's not claiming any of those then the disability premiums do not apply to him. They are not paid on New style ESA or with UC.

We seem to be going around in circles here. Have you read Pmlindyloo's post? If you can give us some more information then someone will be able to work out the UC calculation for you.

calcotti

Claire1985smiley said:

I tried the entitled to calculation but it didn't bring up the carers element entitlement should it have come up in the calculation if I was entitled to it? It brought up the 113.55 esa amount and £20 child benefit amount

It can't know automatically whether or not you are entitled (because although he gets daily Living PIP you may not be the responsible carer). Did you answer yes to the question Do you care for someone who is sick or disabled? The carer element is included as part of the UC calculation. Obviously this doesn't mean that you are actually entitled to UC - that depends on your overall circumstances and your income. It may be that with your income and the ESA there is no entitlement to UC even with LCWRA, carer element and the Work Allowance taken into account. Not knowing your income or whether you are including help with rent it's impossible to say.

calcotti

Claire1985smiley said: There is information comes up on entitled to called disability premium, enhanced disability premium and severe disability premium, he would be entitled to the severe disability premium as he isn't on income based but what about the other 2? Or are they automatically included in the £113.55 per week esa?

None of these apply. they relate to income based ESA which he cannot claim and do not apply to UC. 

Alice_Holt

Claire1985smiley said:

calleyw said:

This is for:

Severe disability premium

You must get the disability premium or income-related ESA, and one of the following qualifying benefits:

• PIP daily living component
• AFIP
• DLA care component at the middle or highest rate
• Attendance Allowance (or Constant Attendance Allowance paid with Industrial Injuries Disablement Benefit or War Pension)

You usually cannot have anyone aged 18 or over living with you, unless they’re in one of these situations:

• they get a qualifying benefit
• they’re registered blind
• they’re a boarder or subtenant (but not a close relative)
• they make separate payments to the landlord

You cannot get the severe disability premium if someone is getting Carer’s Allowance or the carers element of Universal Credit for looking after you.

Does any of that apply to you as a couple?

Yours

Calley x

How do you find out if he gets the disability premium and what makes u entitled for it? 

       I would suggest that, in addition to the excellent advice you have received here, you speak to your local advice agency as you seem to be getting confused and as poppy says are now going round in circles. 
    As pmlindyloo says - take one thing at a time.
1)  Make the New Style ESA application, understand the ESA criteria and points scoring system, obtain a fit note, get relevant evidence to back up the claim.  Look at the Citizens Advice site for information on this:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/fill-in-form/

2)  Use a benefit calculator to check eligibility to UC
https://www.gov.uk/benefits-calculators




It would really help if you would answer the questions that have been asked about your household circumstances, etc. 
 I'm afraid these seemingly random benefits questions about aspects of the benefit system that don't apply to you, will only serve to confuse the issue for you and the forumites trying to help you.  

calcotti

pmlindyloo said:What PIP does your husband receive?  Daily Living - standard or enhanced?  Mobility - standard or enhanced?

According to last sentence of opening post husband gets Enhanced Rate Daily living and, by implication, no Mobility (although possibly he gets Enhanced Rate Mobility but it is being used for a Motability car)