ESA and carer element

Naughtynan

Hi
My son is in receipt of esa and he's in support group. I'm his appointee so I deal with the claim. He recently won his PIP apeal. I myself het universal credit and recently was put in Limited capability for work. I applied for carer element but it's not given yet. Is carer element of universal credit affect his ESA? I read online that it does but surely the carer element is like I used to have when I was on income support? I just like to know if anyone is in the same position like us? Oh by the way o have asked for mandatory reconsideration for my own LCW and I think I should be in LCWRA group.  
I just want to make sure my son gets everything he's entitle to. 

poppy123456

Hi,

Does your son live alone or does he live with you?

Naughtynan

With me Poppy. I get DLA myself as well if that makes a diffetence. 

poppy123456

If you're claiming mid/high rate care DLA and there's no other adults living in the house then he can claim the severe disability premium on top of his ESA BUT if you claim the carers element for looking after him then he won't be able to claim the SDP (£65.85 per week) from 8th April 2018, slightly less in previous years.

Naughtynan

poppy123456 said:

If you're claiming mid/high rate care DLA and there's no other adults living in the house then he can claim the severe disability premium on top of his ESA BUT if you claim the carers element for looking after him then he won't be able to claim the SDP (£65.85 per week) from 8th April 2018, slightly less in previous years.

Thank you for the explanation Poppy. I have to wait and see my universal credit entitlements before contacting son's ESA. Everything takes such a long time to get sorted. ☺

poppy123456

You're welcome. You say recently won his Tribunal? has backdated money been paid yet and is his award in place after the win? you will only be able to claim the SDP for him once the award is in place. If you have already claimed the carers element for yourself then this won't be added to your UC until his award is in place. This can take 8 weeks after a Tribunal win.

If the award is in place then you can put a note or even ring UC to cancel your carers element. If you do this ASAP then when you claim the SDP for him, it will be backdated to the start of his PIP award.

Naughtynan

Yes the PIP backdated was paid last week Poppy. I have rung the UC about it they told me to put that on the journal so I did. Now I'm not quite sure the best option is, to cancel my caring element request, in other words change it to " no longer caring" and let that disability premium be added to my son's ESA? The care element is only 160.20 A month whereas Severe Disability is higher at £65.85 a week.

poppy123456

It's your decision what you do but it seems logical for your son to claim the SDP in his ESA, rather than you claim the carers element. Also one thing to remember if you are eventually given LCWRA then you won't be able to claim that LCWRA element and carers element at the same time. So, you would lose the carers element.

If you cancel the carers element then the SDP needs to be claimed by ringing ESA and asking to either fill out the IS10 over the phone or ask them to send you the form.

Naughtynan

Thank you Poppy. I just put on my journal and cancelled carer element application. I am going to call ESA today and apply for the SDP for my son. He deserves that and in case something happens to me he is at least sorted. I am going to appeal the LWCRA even if the mandatory application is unsuccessful anyway. 
Thank you.?