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Carers allowance overlapping pension age/ IR ESA couples SDP
- CFremont
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6 months 2 weeks ago #291077 by CFremont
Carers allowance overlapping pension age/ IR ESA couples SDP was created by CFremont
We are a mixed age couple.
Myself IR ESA ,DLA high care, low mob
Partner SP, PIP High on both care and mob
My partner the older one at 66, was/is on CA for myself ,but that has stopped in payment now,as an overlapping benefit to his SP
However they are still taking it out of my IR ESA.
He was advised to phone and CLOSE the CA completely so it would not be automatically be taken out. And that it was off of the benefits system as such
Want I want to know is, he still cares for me, would we still get the Carers Premium in the IR ESA if he closed the CA completely as such ?
Also I am on the single SDP rate and are looking to get the couple SDP after this as we fit the criteria
I don't want to phone and close it, if there is another type of word you use or statement as such.
as we would like the underlying element still
Many thanks
Thanks
Myself IR ESA ,DLA high care, low mob
Partner SP, PIP High on both care and mob
My partner the older one at 66, was/is on CA for myself ,but that has stopped in payment now,as an overlapping benefit to his SP
However they are still taking it out of my IR ESA.
He was advised to phone and CLOSE the CA completely so it would not be automatically be taken out. And that it was off of the benefits system as such
Want I want to know is, he still cares for me, would we still get the Carers Premium in the IR ESA if he closed the CA completely as such ?
Also I am on the single SDP rate and are looking to get the couple SDP after this as we fit the criteria
I don't want to phone and close it, if there is another type of word you use or statement as such.
as we would like the underlying element still
Many thanks
Thanks
The following user(s) said Thank You: KimABT
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- Gordon
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6 months 2 weeks ago #291080 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Carers allowance overlapping pension age/ IR ESA couples SDP
CF
The advice you have received is incorrect.
If the CA is no longer in payment due to your partner having reached State Retirement Age then it should not be deducted from your ESA(IR). There is no need for the claim to be closed for this to happen.
Whilst CA is no longer being paid your partner retains an underlying entitlement, another reason not to close the claim, this continues to enable the payment of the Carers Premium.
Also, now that the CA is not paid you remove the impediment to a Severe Disability Premium being paid with your ESA(IR), you should already be receiving the single rate for this Premium and are now entitled to the couples rate, providing there are no other reasons the Premium is not payable.
Lastly, none of these changes necessitate a move to Universal Credit, all can be done on your existing ESA(IR) claim and should be backdated to the date that your partner reached SRA.
I suggest you talk to a local advice agency who can help you contact the DWP.
advicelocal.uk/
Gordon
The advice you have received is incorrect.
If the CA is no longer in payment due to your partner having reached State Retirement Age then it should not be deducted from your ESA(IR). There is no need for the claim to be closed for this to happen.
Whilst CA is no longer being paid your partner retains an underlying entitlement, another reason not to close the claim, this continues to enable the payment of the Carers Premium.
Also, now that the CA is not paid you remove the impediment to a Severe Disability Premium being paid with your ESA(IR), you should already be receiving the single rate for this Premium and are now entitled to the couples rate, providing there are no other reasons the Premium is not payable.
Lastly, none of these changes necessitate a move to Universal Credit, all can be done on your existing ESA(IR) claim and should be backdated to the date that your partner reached SRA.
I suggest you talk to a local advice agency who can help you contact the DWP.
advicelocal.uk/
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KimABT, CFremont
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- CFremont
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6 months 2 weeks ago #291105 by CFremont
Replied by CFremont on topic Carers allowance overlapping pension age/ IR ESA couples SDP
Many thanks for your advice as ever.
I had a feeling the operator was incorrect and wanted someone else's opinion.
Do I have to contact CA at all you think, as they have stopped paying it and are still aware that partner cares for me as I had a letter in Jan to say they would stop the CA in April when my partner reaches SP age due to it overlapping. I think I have answered my own question really......No I don't !
I've looked at the criteria for couples SDP and we fit all the boxes
I will try ESA again. But I may write to them instead as I find it easier to explain and also get the facts better across.
Many thanks
I had a feeling the operator was incorrect and wanted someone else's opinion.
Do I have to contact CA at all you think, as they have stopped paying it and are still aware that partner cares for me as I had a letter in Jan to say they would stop the CA in April when my partner reaches SP age due to it overlapping. I think I have answered my own question really......No I don't !
I've looked at the criteria for couples SDP and we fit all the boxes
I will try ESA again. But I may write to them instead as I find it easier to explain and also get the facts better across.
Many thanks
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- Chris
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6 months 2 weeks ago #291118 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic Carers allowance overlapping pension age/ IR ESA couples SDP
Hi CFremont,
I would follow Gordons advice and contact your local advice agency, and they'll be able to advise you what's best to do and when.
advicelocal.uk/
Chris.
I would follow Gordons advice and contact your local advice agency, and they'll be able to advise you what's best to do and when.
advicelocal.uk/
Chris.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: CFremont
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