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ESA and carers
- JJJ
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4 years 9 months ago #249839 by JJJ
ESA and carers was created by JJJ
Hi, I'm hoping someone can help. I receive child tax benefit for my son and he has the enhanced pip for care and mobility. He turns 20 in a week, so my child tax credit will stop. I thought he could claim Income related ESA (old style), but now I read that as I receive carers allowance, he can't receive severe disability premium, so does that mean he can't claim ESA? Should he therefore claim universal credit and would this affect his PIP in any way? Does this also mean that we will lose any kind of disability premium? Thanks in advance.
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- Gary
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4 years 9 months ago #249849 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA and carers
Hi JJJ
Child Tax Credit usually stops on 31 August after your child turns 16 but can continue for children under 20 in approved education, training or registered with a careers service. From your post, I take it that your son is/was in education?
You can check by putting his information into one of the online benefit calculators.
www.gov.uk/benefits-calculators
www.gov.uk/apply-universal-credit
If you have any further questions, please come back to the forum.
Gary
Child Tax Credit usually stops on 31 August after your child turns 16 but can continue for children under 20 in approved education, training or registered with a careers service. From your post, I take it that your son is/was in education?
You can check by putting his information into one of the online benefit calculators.
www.gov.uk/benefits-calculators
www.gov.uk/apply-universal-credit
If you have any further questions, please come back to the forum.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- JJJ
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4 years 9 months ago #249854 by JJJ
Replied by JJJ on topic ESA and carers
Thanks Gary - yes, he is still in full-time non-advanced education. The online calculators specifically say that they are not accurate for students unfortunately. I've been looking online some more and I think it comes down to the definition of 'eligible'. My son would be eligible for the income-related ESA BUT it says:
'You cannot get the severe disability premium if someone is getting Carer’s Allowance or the carers element of Universal Credit for looking after you.'
So he cannot get the severe disability premium but is he still classed as being eligible for it, as he is in terms of getting PIP and everything else? And therefore can he claim the ESA?
Or should he just claim universal credit? I'm hyper nervous of going anywhere near UC with all the bad press, so would rather apply for ESA.
'You cannot get the severe disability premium if someone is getting Carer’s Allowance or the carers element of Universal Credit for looking after you.'
So he cannot get the severe disability premium but is he still classed as being eligible for it, as he is in terms of getting PIP and everything else? And therefore can he claim the ESA?
Or should he just claim universal credit? I'm hyper nervous of going anywhere near UC with all the bad press, so would rather apply for ESA.
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- Gordon
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4 years 9 months ago #249857 by Gordon
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Replied by Gordon on topic ESA and carers
JJJ
He cannot make a claim for what is now called legacy ESA, the SD Premium is a red herring as he would need to be in receipt of the Premium in the first place to make the claim and he is not.
I'm not sure he can claim anything as he appears to still be in fulltime education but if he could then it would be Universal Credit.
Gordon
He cannot make a claim for what is now called legacy ESA, the SD Premium is a red herring as he would need to be in receipt of the Premium in the first place to make the claim and he is not.
I'm not sure he can claim anything as he appears to still be in fulltime education but if he could then it would be Universal Credit.
Gordon
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- JJJ
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4 years 9 months ago #249859 by JJJ
Replied by JJJ on topic ESA and carers
Thanks for your reply Gordon. It says on the Government website:
If you get or are eligible for the severe disability premium (SDP)
You can get income-related or contribution-based ESA if you:
get the severe disability premium, or are entitled to it
got or were entitled to the severe disability premium in the last month, and you’re still eligible for it
As he is a full-time student and gets PIP, I think he should qualify for UC?
You may be able to get Universal Credit if you’re studying full-time and any of the following apply:
you’re disabled and have limited capability for work and are getting:
Personal Independence Payment
I've been ringing all day to try and speak to someone at the Dept W & P, but no one seems to 'own' making a new claim for income related ESA. I just want to be sure before we try for UC that he can't apply for ESA.
If you get or are eligible for the severe disability premium (SDP)
You can get income-related or contribution-based ESA if you:
get the severe disability premium, or are entitled to it
got or were entitled to the severe disability premium in the last month, and you’re still eligible for it
As he is a full-time student and gets PIP, I think he should qualify for UC?
You may be able to get Universal Credit if you’re studying full-time and any of the following apply:
you’re disabled and have limited capability for work and are getting:
Personal Independence Payment
I've been ringing all day to try and speak to someone at the Dept W & P, but no one seems to 'own' making a new claim for income related ESA. I just want to be sure before we try for UC that he can't apply for ESA.
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- Gordon
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4 years 9 months ago #249860 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and carers
JJJ
The issue is that he is not currently entitled to the SD Premium because one of the eligibility criteria is that the claimant is receiving a legacy Income Related benefit such as legacy ESA.
If you like it is a Catch-22, to claim ESA(IR) you need to be receiving the Premium but to receive the Premium you need to be receiving ESA(IR). The only way around it is if the claimant has an existing claim for Housing Benefit as this should contain the Premium but again, your son is not in receipt of HB and cannot make a claim as they are not entitled to the Premium.
The key phrase in regard to UC is the "and" in the following;
You are disabled AND have limited capability for work and are getting Personal Independence Payment
Again this is a Catch-22 although there is a way around it but it is long-winded.
So, to receive UC as a fulltime student the claimant must have been assessed as having Limited Capability for Work but you can't be assessed for LCW unless you have a UC claim and you can't make a claim for UC unless you already have LCW.
The way around this is to make a claim for New Style ESA. this is a Contributory benefit. your son will not meet the Contributory Conditions so he will not be entitled to payment but he can still continue with the claim and be assessed to see whether he has LCW, if an award is made then he can make a claim for UC as the NS ESA LCW will be transferable.
Gordon
The issue is that he is not currently entitled to the SD Premium because one of the eligibility criteria is that the claimant is receiving a legacy Income Related benefit such as legacy ESA.
If you like it is a Catch-22, to claim ESA(IR) you need to be receiving the Premium but to receive the Premium you need to be receiving ESA(IR). The only way around it is if the claimant has an existing claim for Housing Benefit as this should contain the Premium but again, your son is not in receipt of HB and cannot make a claim as they are not entitled to the Premium.
The key phrase in regard to UC is the "and" in the following;
You are disabled AND have limited capability for work and are getting Personal Independence Payment
Again this is a Catch-22 although there is a way around it but it is long-winded.
So, to receive UC as a fulltime student the claimant must have been assessed as having Limited Capability for Work but you can't be assessed for LCW unless you have a UC claim and you can't make a claim for UC unless you already have LCW.
The way around this is to make a claim for New Style ESA. this is a Contributory benefit. your son will not meet the Contributory Conditions so he will not be entitled to payment but he can still continue with the claim and be assessed to see whether he has LCW, if an award is made then he can make a claim for UC as the NS ESA LCW will be transferable.
Gordon
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