Carer Element - UC / ESA

JonnycJonny

Will it be necessary for my wife to get Carers Allowance in order for us to get the Carer element of UC as we intend to transfer over to UC soon ? I get enhanced PIP daily living and she cares for me well over 35 hours and  has no earnings. I also get New Style ESA. I have read that some JC staff force people to get CA - is it a legislative requirement ?

poppy123456

Your ESA will never be part of UC. I note from a previous thread that you were claiming WTC, does this still apply? 

When you do claim UC your wife will not need to claim carers allowance to be entitled to the carers element. It's just deducted in full from any UC entitlement anyway, the same as your ESA will be.

However, she can claim carers allowance now as she's not currently working. 

JonnycJonny

Still in receipt of WTC until mid April - when the 28 weeks are up. We will then lose the disability element of WTC and must then make a claim for UC anyway as neither of us will be in gainful employment. Wife stopped work a few weeks ago ( I need too much help at home ) but as I am 'notionally' still doing 16 hours a week we were waiting for the 28 weeks to come to an end before making the move over to UC. Have just enough savings to cover the 5 weeks or so necessary for the UC claim to be processed.

poppy123456

When you claim UC you'll need to make sure you report your health condition, supported by a fit note within 7 days of that. You'll need to continue to send the fit notes without any gaps until a decision is made on your work capability assessment.

You can request an advance payment when you claim but this does need to be repaid back from any UC entitlement.

JonnycJonny

I have been awarded ESA - I am in the Support Group. My GP has been told it is no longer necessary to supply fit notes. Are you saying I must get fit notes again ?

JonnycJonny

So ESA Support Group does not passport you to LCWRA and I need to provide more fit notes and do another WCA ? 

Oh dear - what a mess !

JonnycJonny

From what I have now read ( after my little panic ) I should be given the disability element in UC ( in the LCWRA category as it were )  but then my NS ESA will be deducted. There is no mention of more fit notes and another WCA.

Could you be mistaken about the need for fit notes Poppy? 

poppy123456

Ah yes, i didn't realise you were in the Support Group when i advised to report your health condition. You are correct, you will be entitled to the LCWRA element from the start of your UC claim.

New Style ESA and carers allowance (if she claims it) will both be deducted in full from any UC entitlement.

As your wife be claiming carers element/carers allowance, she will also not have any work commiments.

JonnycJonny

Thank you for the clarity. Your input is much appreciated.

poppy123456

You're welcome.