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Help - ESA / PIP

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Ollieoxox
Ollieoxox Community member Posts: 5 Listener
in Employment and Support Allowance (ESA)
Hi,
I'm writing on behalf of my dad.
He's been claiming CESA - Support Group since he was made redundant 4 years ago.
He's also been getting PIP daily living enhanced rate for roughly 18months
he lives with my mum who is NOT on the ESA claim as the woman said she didn't need her details.
Mum also not working.
My question is, shouldn't he be on income related ESA after 365 days?
Should they both be on the claim as a joint claim which would mean couple rate payment not single rate payment that he receives now?
also is he entitled to any premiums? 

They have both worked for over 30 years and the benefit system is just mind boggling to them so any help would be much appreciated.
thanks in advance.
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  • poppy123456
    poppy123456 Community member Posts: 54,018 Disability Gamechanger
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    Hi,

    You say your mum doesn't work but does she claim any other benefits herself, like Carers allowance and Income support?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Ollieoxox
    Ollieoxox Community member Posts: 5 Listener
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    nope nothing. 
    my dad gets Contributions based ESA - SG
    PIP - Enhanced daily living 

    He manages to pay the mortgage and bills but their struggling, I was wondering if he was on the correct benefit?surely theres something else they could ?
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  • poppy123456
    poppy123456 Community member Posts: 54,018 Disability Gamechanger
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    I'm assuming they have no savings of more than £6.000?

    If they don't then as your mum isn't claiming any benefits in her own right then she should be on your dad;s ESA claim and claiming as a couple. She could also claim carers allowance for looking after him but if she does this the carers allowance will be deducted from the ESA amount and a carers premium will be added.

    To help you even further the amount they should be claiming is as follows... amounts are weekly rates.
    ESA couples rate £114.85
    £38.55 for being in the support group
    Enhanced disability premium couples rate £24.10
    Carers premium £36.65

    Total weekly amount £213.50 - £66.15 for the carers allowance. Total amount of ESA per week = £147.35

    Carers allowance £66.15 per week paid separately to the ESA amount above.

    My advice would be to tell your dad he needs to ring ESA first this tomorrow morning to get your mum added to his claim and ask for it to be backdated to the date they should have claimed as a couple, it can definitely be backdated, without any doubts at all. The amount that will be backdated is £176.85 - (£111.65 this is what is receives now) = £65.20 per week is the approximate amount they will be owed for ESA.

    Carers allowance can be claimed online and can be backdated for just 3 months but it's definitely better than nothing. The carers allowance claim will take between 8-12 weeks.

    Hope this helps.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Ollieoxox
    Ollieoxox Community member Posts: 5 Listener
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    Thank you for your detailed reply.
    Could you explain a few points further for me please?

    He is claiming contributions based ESA Per week
    Single rate living expenses £73.10 
    Extra money for Support Group £38.55

    PIP daily Living Enhanced rate - £87.65 Per week


    Is he entitled to the above you mentioned on Contributions based ESA?
    What/where does the carers premium from?
    Is Enhanced disability premium couples rate only available to income related ESA?
    If my mother was added to his claim would he/she need to be re-assessed? 

    if all is correct for what you said and a quick calculation, are they looking at possibly getting a back payment of around £16k? 

    Who does he contact in regards to being on the correct benefit and what does he need to ask/tell them? is there a specific form he need to fill in?

    Thanks again.
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  • poppy123456
    poppy123456 Community member Posts: 54,018 Disability Gamechanger
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    No problem.

    The amounts i mentioned above will be the income related top up added onto what he already claims. He won't claim the £111.65 as well as the amounts i quoted.

    The carers premium will come from when your mum claims the carers allowance. Please have another read of what i wrote. "Carers allowance deducted from ESA and a carers premium added."

    The disability premium is only payable on Income related.

    Adding your mum to his claim would not cause another re-assessment.

    No, £16,000 is no where near the amount they would be owed, not in my calculation. £65.20 approximately per week for 3 years isn't £16,000.

    He needs to contact ESA on 0800 169 0310 and ask for his wife to be added to his claim. It will be the ESA3 form that he'll need to fill in and this can be done over the phone, rather than it be sent out in the post. Hope this answers your questions.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Ollieoxox
    Ollieoxox Community member Posts: 5 Listener
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    Sorry I'm not quite getting you? this is all new to me as well as I do not claim benefits.

    He gets £111.65 which includes the £38.55 Support group money. 
    by adding his wife would it make it £114.85 plus £38.55? (but is this still only contributions based?)
    Will they back date the ESA from the time he started the claim 3 years ago? - if so wouldn't the back dated money be £41.75 Difference x 156 Weeks = £6,513

    How does he get income related ESA? is it automatically switched over or does it become income related top up?

    DWP ALSO SAY:

    Enhanced disability premium

    To get this, you must be under pension credit age.

    You must get the disability premium or income-related ESA, and one of the following:

    • PIP daily living component at the higher (‘enhanced’) rate      <------   (HE GETS THIS)
    • AFIP
    • DLA care component at the highest rate

    You’ll also get this if you’re in the support group for income-related ESA.


    Does that mean he should have been entitled to this since he was awards PIP - Approx 18months x £24.10 = £1,879.80?

    Total - 8,392.80? 

    as for carers allowance, is that able to be backdated or will it just be on going?


    I've also seen something called 

    Disability premium

    You or your partner must be under pension credit age and either registered blind or getting:

    • Disability Living Allowance (DLA)
    • Personal Independence Payment (PIP)
    • Armed Forces Independence Payment (AFIP)
    • Working Tax Credit with a disability element
    • Attendance Allowance
    • Constant Attendance Allowance
    • War Pensioners Mobility Supplement
    • Severe Disablement Allowance
    • Incapacity Benefit

    If he remains on Contribution Based ESA and wasn't entitled to income related ESA does that mean he should have been getting this instead?


    Sorry for all the questions, he is just scared that any phone calls will put his claim on hold and he can not afford to not get it atm, he has been seriously ill since he finished work. 3 days before he was due to finish he lost his hearing suddenly and has had a whole host of problems since then. I feel like I need to explain myself as I don't want to come across as just someone who is 'out for what they can get' 

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  • poppy123456
    poppy123456 Community member Posts: 54,018 Disability Gamechanger
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    If you read my 2nd reply again it has the full breakdown of what benefits they should be claiming including the amounts and next to them is what they are called. Please have another read of what i advised because it's all in the full breakdown step by step for you.

    ESA couples rate £114.85
    £38.55 for being in the support group
    Enhanced disability premium couples rate £24.10. The difference between what he claims now and what they should be claiming for ESA is £65.85 per week.

    Once your mum claims carers allowance the amount of ESA payable per week will be £147.35. Then the £66.15 for the carers allowance which is paid separately from carers allowance. Total amount for both will be £213.50 per week.

    The disability premium you mentioned above is not paid on Income related ESA it is only paid on Income related JSA or Income support. The only disability premium he'll be entitled to is the Enhanced disability premium, which is automatically paid to those in the support group when claiming income related. His PIP award has nothing to do with claiming this disability premium.

    Carers allowance will only be backdated for 3 months i'm afraid. This can't be backdated 3 years. As advised, this is the only thing you mum will miss out on.

    You said this... If he remains on Contribution Based ESA and wasn't entitled to income related ESA does that mean he should have been getting this instead?  I'm not sure what you mean by that, sorry.

    Claiming the ESA as a couple will not prompt a review for another face to face assessment. They will just assess him for the claim as a couple, which should have been done a long time again but he was given bad advice. They could potentially ask for back statements for the past 3 years.

    You don't need to explain yourself here, all i'm trying to do is advise you based on what you've told me. I've given the correct advice with the correct figures.

    The only thing i can't advise on is the exact amount of money that is owed because i'm not DWP and only they can tell you exactly because it will depend on how many weeks exactly,



    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Chloe_Scope
    Chloe_Scope Posts: 10,586 Disability Gamechanger
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    Welcome to the community @Ollieoxox and thank you very much for your support here @poppy123456. :)
    Scope

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