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ESA Overpayment due to Carer Allowance
- sandrabrown87@live.co.uk
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4 years 3 months ago #255220 by sandrabrown87@live.co.uk
ESA Overpayment due to Carer Allowance was created by sandrabrown87@live.co.uk
Hi,
In 2018 prior to my Daughter having a full time Carer. I made enquiries with ESA and CAB to ascertain if it would affect her SDP. Esa and CAB gave me the same advice as follows:
If my daughter had her own house then she would be classed as single and would lose her premium.
However, If you live with someone who is in receipt of ESA and PIP then you do not lose the premium. These were the rules in 2018 or Both gave the wrong advice which seems unlikely . The rules have now changed.
Esa has stopped her SDP as she has a Carer. I pointed out you knew and continued to pay both. I told him what I was advised on the 11/09/18 and asked is it not in the notes. Therefore an Official Error. The DWP Advisor said he did not know what i meant by an Official Error.
They should not try to recover an overpayment when I notified them and the rules were different in 2018. This has been a stressful day please can you help?
Many Thanks.
In 2018 prior to my Daughter having a full time Carer. I made enquiries with ESA and CAB to ascertain if it would affect her SDP. Esa and CAB gave me the same advice as follows:
If my daughter had her own house then she would be classed as single and would lose her premium.
However, If you live with someone who is in receipt of ESA and PIP then you do not lose the premium. These were the rules in 2018 or Both gave the wrong advice which seems unlikely . The rules have now changed.
Esa has stopped her SDP as she has a Carer. I pointed out you knew and continued to pay both. I told him what I was advised on the 11/09/18 and asked is it not in the notes. Therefore an Official Error. The DWP Advisor said he did not know what i meant by an Official Error.
They should not try to recover an overpayment when I notified them and the rules were different in 2018. This has been a stressful day please can you help?
Many Thanks.
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- Gary
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4 years 2 months ago #255315 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA Overpayment due to Carer Allowance
Hi Honey66
'If my daughter had her own house then she would be classed as single and would lose her premium.' This is not true, if she was single and had her own home and lived alone then she would be eligible to claim SDP.
SDP will not stop if you have a carer looking after you, unless the carer claims against your daily living component of PIP.
The SDP became payable from the first day that all three of the following applied.
1. You had an award of ESA and we’re receiving or were entitled to receive Income Related ESA.
2. You had an award of PIP Daily Living component.
3. You met the criteria for payment of the SD Premium, namely that you lived alone or were considered to be living alone and no one receives Carers Allowance against your PIP award or the person you live with also receives PIP daily living component.
Gary
'If my daughter had her own house then she would be classed as single and would lose her premium.' This is not true, if she was single and had her own home and lived alone then she would be eligible to claim SDP.
SDP will not stop if you have a carer looking after you, unless the carer claims against your daily living component of PIP.
The SDP became payable from the first day that all three of the following applied.
1. You had an award of ESA and we’re receiving or were entitled to receive Income Related ESA.
2. You had an award of PIP Daily Living component.
3. You met the criteria for payment of the SD Premium, namely that you lived alone or were considered to be living alone and no one receives Carers Allowance against your PIP award or the person you live with also receives PIP daily living component.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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