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New Style ESA eligablity via relaxtion rules

Mike1800

I have read several helpful answers from the scope community regarding new style ESA and eligibility for carers and I would appreciate if someone could clarify a question I have. My wife has been a carer for my daughter for 6 years and has received carers allowance since 2014 when she stopped full time work. She worked for 30 years until 2014 and paid full NI contributions. She has worked part time since 2014 did not earn enough to pay employment NI contributions. My wife has been ill for several years and is no longer able to work or care for my daughter which I now do. Her ESA application was refused because she has met condition 1 in that she has full NI class 1 contributions from being a carer for tax years 2017 to 2018 and 2018 to 2019 but does not meet condition 2 of employment contributions for at least 26 weeks in the above 2 tax years. I did see a post from Poppy123456 (sorry couldn’t find it again) that under relaxation rules that any years employment NI contributions can count. Please can you confirm if this is for condition 2 or only for condition 1. Another site mentions legalisation 9 covers relaxed rules for carers but I could not find any further information to back this up (so much confusing information on different sites). Thank you.

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poppy123456

HI and welcome,

Are you sure they have those conditions correct? because that doesn't sound right. She will meet the 2nd condition because of the carers allowance claim. The relaxation of the first condition is you were entitled to Carer's Allowance in the last complete tax year immediately before the benefit year in which your Limited Capability for Work began.

See link here for both conditions. https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based

Mike1800

Thank you for responding, the link is very helpful. I will get back onto the DWP. I have read a few of your post and you do good job helping people.

poppy123456

You're welcome. Thank you very much for your kind words. May i ask when did her claim for carers allowance end?

Mike1800

We ended the carers in November 19 when my wife applied for ESA. My daughter still has DLA and I have applied for carers now that my wife is not able to provide the care. I phoned the DWP earlier and they did not know about the carers relaxation consideration and additionally one of my wife's tax credit year is showing incorrectly on their system as class 3 when on her NI record it is class 1. I am now waiting for a call from the Benefits Team. Thanks again.

poppy123456

It's not usual for DWP not to acknowledge the relaxation with the conditions when someone has been claiming carers allowance, it happens a lot. Hopefully she'll be able to successfully claim and her money will be backdated to the date she started her claim, providing she has that fit note.

Good luck and i hope you get it sorted.

Mike1800

The Benefits Team contacted me and confirmed that based on the relaxation of the conditions for carers in receipt of carers allowance then my wife is entitled to claim for ESA and her claim is being backdated. Thank you once again for sharing accurate information which gave me the confidence to pursue my wife's claim.

poppy123456

That's brilliant news! very happy to hear that once again my advice has helped another person.

When she does receive the work capability assessment form (ESA50) then please make sure it's filled in with as much information as possible about how her conditions affect her. Send relevant evidence to support her claim because they very rarely contact anyone for any evidence.

The form will need to be returned no later than the date stated on the letter, there' s no extension of time for returning the form. Expect a face to face assessment because most people have them.

They will assess her ability to do any type of job because it's about the work you can do and not the work you can't do.

See links for the descriptors for both groups BUT unless she's placed into the Support Group payments will stop after 1 year. If placed into the support group then she will continue to receive her money for as long as she remains in the group.

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors

Pay close attention to these descriptors because it's not about scoring points, it's about satisfying at least one of them the majority of the time.

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

If none of those apply then look at substantial risk. Reg29 for WRAG and reg 35 for support group. Details here.

https://cpag.org.uk/welfare-rights/resources/article/making-exception

Any further questions please just ask.

Mike1800

Thank you for the additional information, I will certainly take a look at the links and ensure I include everything you have advised.

For anyone reading this post please trust the information and advice from Poppy123456 as it has helped my wife and myself immensely and proved to be very accurate and helpful.

poppy123456

You're very welcome. Thank you so much for those kinds words. As one of the community champions here on scope it's my pleasure to help and advice anyone