Employment and Support Allowance (ESA)
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Contribution based and income related esa

cara1983cara1983 Member Posts: 1 Listener
hi I’m new to this so will try my best to explain , basically my daughter gets middle rate Dla and low rate mobility and I’ve applied for Carers Allowance but I get esa both income related and contribution based and I’m in the support group , when I called Carers Allowance they told me I am entitled to Carers premiums but not while I’m getting contributions based esa so they suggested I call and ask them to just put me on income related but they haven’t and after calling 4 times and trying to explain everything I’m not getting anywhere , does anyone no how I can sort this out please and any advice will be much appreciated 

Replies

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @cara1983 and a warm welcome to the community! Thank you for taking the time to write this. I am not a benefits expert so wouldn't know what to suggest in this situation. However, the helpline may be able to help: 0808 800 3333
    Community Partner
    Scope

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  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Hi cara1983

    Thank you for posting on the Scope community.

    I can confirm that Carers Allowance and contributory ESA  "overlap" which means that people aren't paid both. 

    When people (for example DWP staff) say that you can't get premiums on contributory benefit, what they mean is something like this:

    "If your income is less than the amount that  the government thinks you need to live on - including premiums that you're entitled to on a means-tested benefit claim - then you can claim that means-tested benefit. There are no premiums on contributory benefit. To check whether or not you might be entitled to a means-tested benefit, use a benefit checker like the one on our website. You need to input all your personal details so that it can work out, for example,  whether entitlement to premiums brings you into entitlement to further benefits.

    https://www.scope.org.uk/support/disabled-people/benefits/check

    I do appreciate that this is very confusing. Do contact the Helpline if you'd like an explanation of how your circumstances might bring you into entitlement to means-tested benefits.  

    If you're in a full service universal credit area, the new benefit you would need to claim is universal credit: if not, the means-tested benefits that might be relevant for you are income-related ESA and housing benefit, perhaps child tax credit if you have children. The benefits checker will tell you whether or not your area is a full service universal credit area. 

    Gill_Scope
    Scope Helpline 
    Tel: 0808 800 3333


  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello cara1983

    Your first post states that you receive both income related and contributory based ESA. 

    As detailed in the above post although you may be entitled to carers allowance (CA) it will not be paid to you due to the 'overlapping rule.' But, you will have what is called underlying entitlement to CA which in turn means that you are entitled to a carers premium as part of your ESA income related entitlement.  ESA will however need to see that you have applied for CA and that it is not paid due to the 'overlapping rule.' This can be demonstrated to ESA, as CA will send a letter to you confirming that this is the case once you have made your claim.

    As soon as you have this letter you can then contact ESA and ask for  a carers premium to be awarded.  If you cannot get anywhere by phone put your request (with a copy of your CA letter) in writing to ESA. If you do not hear anything in 2-3 weeks, contact them, and if no joy, lodge a complaint. 

    I hope the above resolves your problems.

    Maria


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