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3 years 6 months ago #264364 by Tigerlily11
FAO Gordon was created by Tigerlily11
Hi Gordon,

I hope you are keeping well.
You have been very helpful in the past advising me about Carers Premium and “underlying entitlement “ to Carers Allowance.
I am on Legacy ESA IR. My husband was added onto my ESA claim. I thought he had New Style ESA but maybe it is not called New Style ESA him being added on to my Legacy ESA.
We both receive PIP at higher levels.
No one gets Carers Allowance for looking after us.
We live on our own.
I have been told by the Carers Allowance office that I can get an “underlying entitlement “ but my husband cannot. I do not understand and did not know what to ask.
Would you be able to explain this to me as I find it all really confusing.

Thank you so much for any help with this Gordon.
Jessica

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3 years 6 months ago #264523 by Gary
Replied by Gary on topic FAO Gordon
Hi Jessica

Gordon stepped down from moderating last year. He had been on the forum for many years so deserved a rest. He does pop in now and again to keep an eye on us.

Details on how to claim Carers Allowance : www.gov.uk/carers-allowance/eligibility and
www.independentage.org/get-advice/advice...-to-carers-allowance

Overlapping benefits

You cannot usually be paid Carer’s Allowance if you receive one or more of the following benefits:

~ State Pension
~ contributory Employment and Support Allowance
~ Incapacity Benefit
~ Maternity Allowance
~ Bereavement or widow’s benefits
~ Severe Disablement Allowance
~ contribution-based Jobseeker’s Allowance

This is because of the ‘overlapping benefits’ rules.

This means that if you are getting more than the amount of Carer’s Allowance from one of the above benefits, you cannot be paid Carer’s Allowance, however you can still claim an ‘underlying entitlement’ to Carer’s Allowance.

To claim an ‘underlying entitlement’ to Carer’s Allowance you have to meet all of the conditions for Carer’s Allowance and you must still make a claim for Carer’s Allowance.

Having an ‘underlying entitlement’ to Carer’s Allowance can increase any means-tested benefits you are already getting or might mean you become entitled to means-tested benefits for the first time. This is because the carer premium, carer addition or carer element can be included in the calculation for means-tested benefits.

However, if any of the benefits listed above are paid at less than the amount of Carer’s Allowance, you could be paid a small amount of Carer’s Allowance on top of the other benefit you get.

State Pensions

While there is no upper age limit for claiming Carer’s Allowance, payment of Carer’s Allowance usually stops when you reach retirement age because your State Pension will be paid instead (unless your State Pension is less than the amount of Carer’s Allowance, in which case you could continue to be paid a small amount of Carer’s Allowance). This is because of the ‘overlapping benefits’ rules.

However, you may still be able to get some extra money in recognition of your caring role, because you can still have an ‘underlying entitlement’ to Carer’s Allowance.

It is therefore worth getting a benefit check if you are about to get your State Pension and want to know whether this ‘underlying entitlement’ will financially benefit you, or if you are already getting your State Pension and want to know whether it is worth claiming this ‘underlying entitlement’ to Carer’s Allowance.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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3 years 6 months ago #264560 by Tigerlily11
Replied by Tigerlily11 on topic FAO Gordon
Hi Gary,

Thank you so much for your detailed reply. I really appreciate it.
I am now receiving £37.70 Carers Premium but my husband is not. He was added to my Legacy ESA claim. Does this mean he is receiving ESA or what is he classed as. I thought he would be entitled to the Carers Premium as well.

Thanks again
Jessica

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3 years 6 months ago - 3 years 6 months ago #264604 by Gary
Replied by Gary on topic FAO Gordon
Hi Jessica

I cannot tell you what your husband is classed as, as I do not have all the facts, you need to seek advice from your local Welfare Rights Organisation. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

In regards to Carers Premium, The Carers premium can be awarded in addition to any other premium, it is £37.70 a week for each person who qualifies. You qualify for a carers premium if you or your partner are paid Carer's Allowance or have an underlying entitlement to it ( eg you are entitled to Carer's allowance but it cannot be paid due to overlapping benefits rule)

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 6 months ago by Gary.

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