ESA question

emmaanear

My and my partner are on income related ESA, I've been disabled all my life and recieve PIP and my partner gets carers allowance for me
 But now my partner also has ill health and has just been awarded PIP so can I claim carers allowance for him even though I'm poorly myself or should he give up getting carers allowance for me and we both get the severe disability premium of ESA which is best or which is most money? 

poppy123456

Your partners PIP much include the daily living part of PIP. Before I can advise, are there any other adults living with you? If so do they claim a qualifying disability benefit their self, such as daily living PIP/ADP or DLA mid/high rate care or registered blind?

emmaanear

Hi Poppy yes both me and my partner get the enhanced daily living component of PIP and there are no other adults or children living with us we live alone just the 2 of us. We are on income related ESA as a couple and my partner has been getting carers allowance for me for years but now he has ill health they have finally awarded him PIP with the enhanced rate of both componants. So I don't know if it's best for me now to claim carers allowance for him, so we are getting it for each other essentially or if he should stop claiming carers allowance for me and we should both get the severe disability premium of ESA. It's so confusing what to do for the best and I'm profoundly deaf so talking to anyone on the phone for advice is impossible, I would greatly appreciate your help. 

poppy123456

As you are the main claimant of your ESA claim then your NI credits will be included. They will not include NI credits for your partner. As they are claiming Carers allowance then they will receive NI credits from this. 

The only issue I see is that if your partner stops claiming carers allowance for you to be entitled to couples SDP then their NI credits will also stop. 

The only way around that would be for you to claim single SDP for your partner and your partner to continue claiming carers allowance for you. Single SDP is £76.40/week. The SDP can be paid from the start of their PIP award. The quickest way to claim it is to ring ESA and apply over the phone. 

Of course it's entirely up to you what you do. You must also make sure that no one claims Carers allowance for your partner in the future because the SDP will stop. 

emmaanear

So my partner pays NI on his carers allowance but I don't pay any NI because I don't claim carers allowance only ESA AND PIP at the moment is that right? Because I realize carers allowance is seen as a job an income correct? Also if I was to claim carers allowance for him instead of SDP would that be backdated to when he was awarded his PIP claim? If so how much per week would that be backdated? 

poppy123456

emmaanear said:

So my partner pays NI on his carers allowance but I don't pay any NI because I don't claim carers allowance only ESA AND PIP at the moment is that right? 

No, that's not correct. You receive class 1 NI credits for your ESA because you are the main claimant. Your partner will not receive NI credits for ESA because they are not the main claimant but they will receive class 1 NI credits for claiming carers allowance. 

If your partner stops claiming Carers Allowance for looking after you and you claim couples SDP then your partner will not receive NI credits. 

If your partner continues to claim Carers Allowance you can claim single SDP which will increase your weekly income by £76.40. 

If you both claim carers allowance for looking after each other then your weekly income will increase by £42.75. 

If your partner needs the NI credits for their state pension then it would make sense to continue claiming c carers allowance for looking after you and you just claim single SDP.

emmaanear

OK I've understand so at the moment we are both getting NI credits me from ESA because I'm the main claimant and him from carers allowance, got it. And what is the importance of NI credits is something to do with your pension? Also if we go ahead and get single persons SDP for him instead of me claiming carers I'm worried about when they change us onto UC which will happen at some point I'm sure that even though I'm disabled and on full PIP they can still find me capable of working this happened to a friend of mine she had to fight it.. But if I was claiming carers allowance for my partner then that is classed as a job and they can't force me to try and work that worries me a lot. Sorry for lots of questions this whole thing has been awful 

poppy123456

NI credits are important for your state pension. Those that are claiming ESA will not be migrated to UC until at least 2028, unless you're also claiming Tax credits. The Government delayed managed migration for those claimants. Unless a change of circumstances prompts a move in the meantime. 

When you do eventually move across because you're in the Support Group for ESA then you'll be entitled to the LCWRA element from the start of your claim so you will have no work commitments, exactly the same as your ESA now.