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New style ESA and carers for my son

Smittens72

I have been claiming new style ESA since December and was put in the support group in March. My son receives high rate care DLA and I receive carers allowance for him. I am now worried as what I have read online is I can’t receive both benefits? However the DWP never mentioned this when I claimed. I care for my son in a supervisory role rather than physically.

I do not receive UC and I have not received my migration letter from tax credits yet and wish to wait for that so I don’t lose the legacy protection.

Thank you for your help.

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Comments

poppy123456

You are correct because they are treated as overlapping benefits. As the ESA is the higher benefit then it will be this one only that you should be receiving. You need to ring Carers allowance and tell them.

Smittens72

Ok will they want to prosecute me for receiving the ESA support group one from March?

Does the ESA lower rate affect the carers as well? I received that from start of December. Thank you

poppy123456

You won't be prosecuted because it's not your fault. When you claimed New style ESA DWP should have checked to see what other benefits you were claiming at that time.

As the ESA has always been more than the CA then CA should have completely stopped from the start of the ESA claim and you would have just been entitled to the ESA payments.

Smittens72

Ok thank you that helps. I did tell the lady when they phoned to start my ESA claim. She was telling me to claim UC as I did not have enough NI contributions for New Style ESA, I double checked with NI and I had a full record so I called them back and they said they had made an error and I was entitled to it. I felt like they were just trying to push me over to UC but as I said I didn’t want to move until I redone my migration letter.

Will I still be entitled to the carers element? Is that a thing with tax credits?

Smittens72

That should say received my migration letter not redone!

poppy123456

Carers element is part of Universal Credit and nothing to do with tax credits. When you claim UC your ESA will be deducted in full from any UC entitlement. As you're in the Support Group you will be entitled to the LCWRA element of UC from the start of your claim.

However, the same person can't receive both carers element and LCWRA element at the same time so you won't be able to claim both for yourself when you do transfer over. If you'll be claiming with a partner then your partner can claim carers element, providing they care for your child for at least 35 hours per week.

Have you used a benefits calculator to check entitlement to UC? Not everyone is worse off and if you're better off by claiming it, there will not be any entitlement to Transitional Protection anyway.

Do you rent your home? If so are you claiming housing benefit for help with your rent?

Smittens72

I have tried to use a calculator but it’s so confusing. My partner is disabled and receives PIP (high mobility, low care) and support group ESA and has been on those benefits for a long time. We have 4 children and until I became too ill with my fibromyalgia, depression/anxiety, occipital neuralgia, osteoporosis, osteoarthritis, Achilles tendonitis then I worked self employed. I worked too long really and my decline has been quite steep. I now receive the ESA and was put in the support group without an assessment. However I was refused PIP, assessment report did not reflect what I said and only lasted 20 mins. I asked for a MR and without my written submission they awarded me 4 points from 0. Once they receive my written submission they refused to change from the 4 points. I am now considering appealing but I don’t know if I can take it mentally. My son who I receive dla for is lashes out physically at me and he’s quite big now so I feel like I’m in an abusive relationship and very close to the edge.

We do rent our home. My oldest 2 are in full time education at 16 & 17 and my other children are 11 and 8 years old.

Sorry for the massive vent, I really do appreciate your help.

poppy123456

Are you claiming housing benefit for help with your rent?

I'd advise you to request the Tribunal for your PIP decision. It's not unusual for the MR decision not to change as only about 23% of them do. There's much more chance of success at Tribunal stage, providing you either appear in person or have a telephone/video hearing and then there's about a 70% success rate.

Smittens72

Thank you. I think I will. It’s just very daunting. We do receive housing benefit.

poppy123456

When you do eventually claim UC because you are both claim ESA both of those will continue as normal but be deducted in full from UC.

Although you are both in the Support Group when claiming UC with a partner, only one of you can receive the LCWRA element so the other can claim carers element.

As we've gone off track a little, just need to remind you to please contact carers allowance and tell them that you're also claiming New style ESA. It's quite strange that this claim wasn't detected when you claimed ESA.

Albus_Alumni

Heya @Smittens72 and welcome to the community.

I can see Poppy has already been helping you out brilliantly, but I just wanted to stop in and say a quick hello.

Smittens72

Just thought I’d pop in and give an update. So I decide to move forward with an appeal for my PIP, last week I received a phone call telling me they have now awarded me enhanced in both care and mobility so the appeal is now cancelled. This was from an award of initially 0 points.
On the carers I have told them I receive new style ESA but that I still care my son and they are still paying me carers for him. I told them online so I have an email record of me telling them this information. I told them about 2 months ago.
Thank you for all your help.

poppy123456

Great news about your PIP. For the carers allowance, have you rang them? If not then you need to do this. You should also ring ESA and tell them.

Smittens72

Hi yes I rang carers and also filled out a change of circumstances form online so I have a email receipt record of it. They told me I can claim carers at the same time as it’s not for me?! I can only not claim carers if I am claiming it for myself. This is why I filled out the online form as well so if anyone ever comes back I have proof I told them. Also Fightback for justice also advise me I can as I double checked with them as they helped with my PIP appeal.

poppy123456

I don’t understand what you were advised from carers allowance. If the carers allowance is in your name then you will be claiming it, not someone else.

Thats also shocking advice you’ve had there from that company and it’s completely incorrect!
overlapping benefits means you cant be paid both in full at the same time. As New style ESA/contributions based ESA is more than the Carers allowance you will be paid the ESA. Please see link for confirmation. https://www.entitledto.co.uk/help/Overlapping-benefits

Please note that contributions based ESA is the same as New style ESA.