ESA And Carers Allowance

poppy12345

xxxxxxxx said:

calcotti said:

xxxxxxxx said: Because you have had Carer's Allowance there may be a possibility for you to get ESA Conts.  But if you have no need for it then there is not much point.  

Although having been in receipt of Carer’s Allowance relaxes the first NI condition to qualify for contribution based ESA I can’t see how this would allow contribution based ESA to be added to an existing income based ESA award. The relaxation is for an ESA claim made after CA whereas in this case the existing ESA claim was made before the CA award.

We don't actually know yet if there is an ESA IR claim.  

At least part of the ESA must be Income Related because CA was in payment. CA and CB/ESA are overlapping benefits.

calcotti

xxxxxxxx said: We don't actually know yet if there is an ESA IR claim.  

I read the opening post a OP receiving income based ESA and CA at the present time.

If there isn't an income based ESA claim in place there would be no need to ring ESA about anything.

xxxxxxxx said: You make a good point and it would all have to be discussed as to whether it was worth it and how it might be possible. I can see these  possible ways...to be open for discussion.

It should have been applied to the ESA claim at outset but it wasn't.
or
Ask for the modification rule to be applied
or 
End the ESA and reclaim after 12 weeks

If C-ESA was applicable at outset OP shouldn't be receiving CA because the C-ESA would take priority.

Not clear what you mean by the modification rule.

Although I-ESA can be added to a C-ESA claim I can't see a situation in which a change of circumstances could result in C-ESA being added to an I-ESA claim.

If claim was ended and then reapplied after 12 weeks the new claim would be for new style ESA which cannot include any income based element so any income based top up only be available by claiming UC which OP has indicated they do not want to do.

xxxxxxxx

Sometimes ESA C and Carer's Allowance pay at the same time.  Sometimes ESA C is adjusted 

Instead of ESA C paying £74.70 per week it can be adjusted to pay 74.70 - 67.60 = £7.10  per week whilst CA pays £67.60 per week.  This is only supposed to be temporary until the two benefit offices sort it out and stop CA.  But sometimes that does not happen and the two just continue like this for a long time. If it is like this, OP will have to tell ESA that CA has stopped.

It is most likely an ESA IR claim I was just pointing out the OP did not say what he was getting. 


>If C-ESA was applicable at outset OP shouldn't be receiving CA because the C-ESA would take priority.

My point is that the DWP are very lax at implementing the Relaxation rule, (no pun intended) generally claimant's who know what they are doing have to ask for it to be implemented.  What happens a lot is that a claim for ESA where there was a claim to CA in the relevant year ... only ESA IR is paid.  Someone with the full facts can look at a ESA claim and say "hang on a minute you should have given me ESA C from the outset" It would not matter if CA had been paid, the purpose of the exercise is to have the Conts entitlement put on to the claim going forward.

Modification rule = DMG 41026 - it could require some investigation to see if the modification rule can be enabled in order to enable the relaxation rule...but I don't see why not.

>Although I-ESA can be added to a C-ESA claim I can't see a situation in which a change of circumstances could result in C-ESA being added to an I-ESA claim.

It can with the modification rule.

>If claim was ended and then reapplied after 12 weeks the new claim would be for new style ESA which cannot include any income based element so any income based top up only be available by claiming UC which OP has indicated they do not want to do.  

Hence why I was asking OP if his circumstances would be improved by having ESA Conts.  We do not know his circumstances and do not know how much his award is at present.