carers premium

S65 and Bro58

I have re-read the ESA Regulations and the Decision Makers Guide and the error is mine.

The FAQ should refer to Work Related Activity and not WFIs.

There appears to be nothing that excludes an ESA claimant and their partner from being called to WFIs whilst the claimant is in the WRAG. If the claimants partner is "undertaking significant long term caring responsibilities that make the prospect of work, paid or unpaid, unlikely at the present time" they may have their WfI deferred.

However, whilst attending a WFI is required, neither the claimant nor their partner can be required to participate in Work Related Activity whilst in receipt of the Carers Allowance and/or the Carers Premium.

So to summarise, you will need to attend a WFI, but cannot be required to do anything whislt there.

Sorry for the confusion, I will update the FAQ.

Gordon

Bro58

Having traced everything back, the only exclusions to WFIs are being in the Support Group or meeting the Upper Age limit.

Someone involved in "substantial" caring, there is no requirement for them to be receiving Carers Allowance, can have their WFIs deferred. There is no specification for how long, but I am assuming it is indefinite.

Whilst CA and ESA are overlapping benefits, this does not mean that someone claiming ESA cannot claim CA, just that it won't be paid, there will still be an underlying entitlement to the CA.

With regard to Work Related Activity, the following are excused

- is a lone parent who is responsible for and a member of the same household as a child under the age of 5; .
- is entitled to a carer’s allowance; and .
- is entitled to a carer premium under paragraph 8 of Schedule 4 to the ESA Regulations

So in your example, I think that WFIs would be deferred for both of them.

Gordon