help with esa and sdp

UrbanGamer86

hey guys, so me and my partner claim joint for esa, we both get pip and I claim carers for her however I am now super confused, we had a telephone call saying that we shouldn't be put on sdp because of the carers allowence but on the website it says a couple can get sdp at low rate if there is a carer, is there anyone that can explain this more to me as I am confused and being told we shouldn't be on it, is giving me a load of anxiety, specially if we have to pay 3 years worth of payments back

poppy123456

You're not claiming ESA as a couple. There will be a main claimant, with an additional extra for your partner. Only the claimant will be receiving NI credits but the partner doesn't.

The person you spoke to on the phone isn't correct. If it's just the two of you living at home and no other adults, unless they either claim a qualifying disability benefit or they're registered blind. Then you will be entitled to the single SDP of £69.40/week in with your ESA. As you're claiming carers allowance for your partner then the SDP would be for you, unless someone is either claiming carers allowance or carers element of UC for looking after you.

Ideally because the NI credits for the ESA are only paid to the main claimant, then the person who isn't the main claimant should be claiming carers allowance. This would mean that you would both be receiving NI credits.

UrbanGamer86

no one claims carers for myself, I claim it for my partner and shes the main claiment of esa, I think I am going to ring them up tomorrow and see what rate we was on and ask them the same, it seems they might be trying it on and clawing some money back but unsure until I ask

poppy123456

Then unless you live with another adult then you're entitled to the single SDP. Was it ESA that rang you?

UrbanGamer86

We had a complience telephone interview 

poppy123456

Can you please confirm that there's no other adults living at home with you and your PIP includes daily living?

UrbanGamer86

there is no other adults living here, she gets enhanced care and I get enhanced on both

poppy123456

Then there's no reasons why you wouldn't be entitled to single SDP. Give ESA a ring tomorrow when they open.

UrbanGamer86

I will do thanks

calcotti

UrbanGamer86 said:

no one claims carers for myself, I claim it for my partner and shes the main claiment of esa, ..

That's great - you are getting Class 1 NI credits from the CA and she gets Class 1 NI credits from the ESA.

By my calculation the ESA award should include
standard couple allowance £121.05
enhanced disability premium £25.35
Support Group component £40.60
carer premium (because you receive CA) £38.85
Severe Disability premium (because no one receives CA for looking after you) £69.40
Maximum ESA = £295.25/week 
minus the CA you receive £69.70/week
ESA payable = £225.55/week (£451.10/fortnight)

Above assumes no other income (other than the PIP or DLA) or savings over £6,000.

UrbanGamer86

we used to get around that, it was around 430 that we got but until the complience officer rang us, we arn't allowed it, I am going to ring them up and get some information

UrbanGamer86

So some good news, I rang up esa to get more info on what sdp we was one, turns out we was one the right premium however they couldn't see my pip, I explain to the lady that we both get pip and only 1 carer and no adults living with us, she put in a new claim for single rate sdp and did tell us we are eligible for the single rate, now we will have to wait upto 4 weeks to find out if we get it or now, next is to ring the complience officer and tell them the same

durhamjaide2001

Thanks for sharing your good news with us and let's hope more is to come in a month's time don't forget to let us know how you got on in a month's time and if you have any more questions please don't hesitate to ask in this thread. 

calcotti

Odd that they couldn’t see your PIP.

Hannah_Alumni

That's great news @UrbanGamer86. Hope the call with the compliance officer goes just as well!

UrbanGamer86

I am still trying to get hold of the complience officer, proving difficult at the moment, it is odd I would agree, seems they are trying there hand at clawing back money and hoping no one will fight against them, I will let you know the outcome when I recieve the letter

durhamjaide2001

Oh thank you life is always a fight for disabilities but we will all win together as here on this community we are a team that's helping everyone win.