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Carers Premium to ESA
- Twinkle
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2 years 3 months ago #273818 by Twinkle
Carers Premium to ESA was created by Twinkle
Hi everyone
Sorry, for asking questions but this is a bit complicated for me and I'm having difficulty getting my head around it all.
My son is currently in receipt of ESA (IR) and is making a claim for Carers Allowance and meets the conditions of entitlement. I understand that he can ask for Carers Allowance claim to be backdated until August (when he started caring for 35 hours per week) My understanding is that his ESA (IR) will be reduced by the Carers Allowance amount and the Carers premium will be included. So, there could be a period of overpayment and this would be recoverable which I understand.
My question is: He will be moving to another address soon and having to make a claim for Housing costs so this will mean a claim to Universal Credit. (he doesn't currently receive housing benefit) The Carers Allowance Claim will likely not be processed by this time and therefore the Carers premium will not be showing in his ESA (IR) claim when Universal Credit check to see what premiums he is currently in receipt of. Because of this the Carers Element will not automatically transferred over. He will obviously mention that he is a Carer and has claimed Carers allowance in his journal. Is this the correct thing to do? I understand from what I have read that someone does not have to be in receipt of Carers Allowance to be entitled to Carers Element. But I don't know if the Carers Element can be backdated to August by Universal Credit? If this was the case would be be better holding off claiming Carers Allowance and just claim Carers Element under the Universal Credit? Or is it only the Carers Allowance that can make the decision to the backdating of entitlement?
My son will also be in receipt of the SDP transitional protection at the point of moving to Universal Credit and I'm concerned that as the Carers Allowance will not be processed at this stage (could take a number of weeks) by which time then he would be in his second UC assessment period. So, my question here is will this additional Carers Element back payment impact on his transitional protection and erode his entitlement? I'm thinking it shouldn't as the period of entitlement was established before his claim to Universal Credit... it's just that it wasn't processed and in payment. Am I correct in thinking this and this addition of Carer Element should not erode his transitional protection?
I know I'm over thinking all of this but just so worried if I get this wrong and don't help my son follow correct procedure as such and my son will loose out as a result. I have read from one of your other posts here that the the Carers Element under Universal Credit (if claimed without Carers allowance) means that the claimant would not receive NI Credits towards their state pension. But is someone is on Universal Credit would they not receive NI credits anyway? Could you advise on this please?
Should he hold off on Claiming Universal Credit for a number of weeks in order to give time for the Carers Premium to be added to his ESA (IR)? This would mean he wouldn't have any help with housing costs, but if this is the better option then it's something to consider as such.
Are there any circumstances where it is better to just claim the Carers Element of UC (and possibly have this backdated to August by UC) rather than claiming the Carers Allowance and having this deducted from UC payments, in a situation where someone were to take up paid employment as such. Would the rules for deductions from Income be different under Carers Allowance conditions and Carers Element conditions of Universal Credit? For example I believe you can earn £134 without Carers Allowance being impacted but UC will loose 55p in each £1 of income? I've read that much on the internet I'm totally confused! Which rules in relation to income would apply in my sons case if he were able to take up employment at some point in the future? Can someone stop claiming Carers Allowance and still receive the Carers Element in their UC claim. OR does any of this even make sense? OR is this a no no, as I've just thought this would be an increase In UC payment (as the deduction of Carers Allowance would no longer apply) which would effectively reduce transitional protection. Am I correct in thinking this?
I would appreciate help with this please so I can understand the best possible way forward with this. So, lost on this all!
Thank you in advance.
Sorry, for asking questions but this is a bit complicated for me and I'm having difficulty getting my head around it all.
My son is currently in receipt of ESA (IR) and is making a claim for Carers Allowance and meets the conditions of entitlement. I understand that he can ask for Carers Allowance claim to be backdated until August (when he started caring for 35 hours per week) My understanding is that his ESA (IR) will be reduced by the Carers Allowance amount and the Carers premium will be included. So, there could be a period of overpayment and this would be recoverable which I understand.
My question is: He will be moving to another address soon and having to make a claim for Housing costs so this will mean a claim to Universal Credit. (he doesn't currently receive housing benefit) The Carers Allowance Claim will likely not be processed by this time and therefore the Carers premium will not be showing in his ESA (IR) claim when Universal Credit check to see what premiums he is currently in receipt of. Because of this the Carers Element will not automatically transferred over. He will obviously mention that he is a Carer and has claimed Carers allowance in his journal. Is this the correct thing to do? I understand from what I have read that someone does not have to be in receipt of Carers Allowance to be entitled to Carers Element. But I don't know if the Carers Element can be backdated to August by Universal Credit? If this was the case would be be better holding off claiming Carers Allowance and just claim Carers Element under the Universal Credit? Or is it only the Carers Allowance that can make the decision to the backdating of entitlement?
My son will also be in receipt of the SDP transitional protection at the point of moving to Universal Credit and I'm concerned that as the Carers Allowance will not be processed at this stage (could take a number of weeks) by which time then he would be in his second UC assessment period. So, my question here is will this additional Carers Element back payment impact on his transitional protection and erode his entitlement? I'm thinking it shouldn't as the period of entitlement was established before his claim to Universal Credit... it's just that it wasn't processed and in payment. Am I correct in thinking this and this addition of Carer Element should not erode his transitional protection?
I know I'm over thinking all of this but just so worried if I get this wrong and don't help my son follow correct procedure as such and my son will loose out as a result. I have read from one of your other posts here that the the Carers Element under Universal Credit (if claimed without Carers allowance) means that the claimant would not receive NI Credits towards their state pension. But is someone is on Universal Credit would they not receive NI credits anyway? Could you advise on this please?
Should he hold off on Claiming Universal Credit for a number of weeks in order to give time for the Carers Premium to be added to his ESA (IR)? This would mean he wouldn't have any help with housing costs, but if this is the better option then it's something to consider as such.
Are there any circumstances where it is better to just claim the Carers Element of UC (and possibly have this backdated to August by UC) rather than claiming the Carers Allowance and having this deducted from UC payments, in a situation where someone were to take up paid employment as such. Would the rules for deductions from Income be different under Carers Allowance conditions and Carers Element conditions of Universal Credit? For example I believe you can earn £134 without Carers Allowance being impacted but UC will loose 55p in each £1 of income? I've read that much on the internet I'm totally confused! Which rules in relation to income would apply in my sons case if he were able to take up employment at some point in the future? Can someone stop claiming Carers Allowance and still receive the Carers Element in their UC claim. OR does any of this even make sense? OR is this a no no, as I've just thought this would be an increase In UC payment (as the deduction of Carers Allowance would no longer apply) which would effectively reduce transitional protection. Am I correct in thinking this?
I would appreciate help with this please so I can understand the best possible way forward with this. So, lost on this all!
Thank you in advance.
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- Gary
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2 years 3 months ago #273851 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Carers Premium to ESA
Hi Twinkle
Thank you for your post.
We cannot give you an answer as it depends on a number of factors, some of what you have said in your post is incorrect, you need to speak to your local Welfare Rights Organisation who can take all your son's circumstances into consideration; 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
Gary
Thank you for your post.
We cannot give you an answer as it depends on a number of factors, some of what you have said in your post is incorrect, you need to speak to your local Welfare Rights Organisation who can take all your son's circumstances into consideration; 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
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Twinkle
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2 years 3 months ago #273860 by Twinkle
Replied by Twinkle on topic Carers Premium to ESA
Thank you Gary. I understand it is complicated. Could I ask you please what parts of my post are incorrect? It would be really helpful to know this please.
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2 years 3 months ago #273893 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Carers Premium to ESA
Hi Twinkle
As your son is in receipt of SDP then he must be in receipt of Daily Living component of PIP, living alone or living with someone also in receipt of a qualifying benefit, claiming CA may affect his claim for PIP, but that is another issue.
In your first paragraph there should not be a period of overpayment as your sons IR ESA would be reduced by £69.70 and increase by Carers Premium £38.85, overall a net increase by £38.85 pw
In your second paragraph you ask about backdating the carer element to August, this is not possible, Carer Element can only be paid when you are in receipt of UC.
For single claimants, if you have a limited capability for work or limited capability for work related activity and you are also a carer who qualifies for the carer element, you cannot be paid for both elements. You are paid the highest element that applies, they call this an overlapping benefit.
Paragraph 3; Transitional element is included if you are moved to UC through managed migration. The amount received will reduce over time as other elements increase excluding childcare element.
Paragraph 4; NS ESA and UC are not the same in regard to sickness payments; NS ESA pays Class 1 NI Credits which in addition to being used in regard to your State Pension can also be used (in part), for a new claim of NS ESA. UC only pays Class 3 Credits which can only be used for your pension.
Paragraph 5; This I cannot answer, it would have to be a decision your son has to make.
paragraph 6; Carer element, you must have regular and substantial caring responsibilities for a severely disabled person. The rules are the same as for Carers Allowance, but with no earnings limit. If you work more than 16 hrs pw then you are treated as not having limited capability for work but there are some exceptions.
I would advise you to seek specialist advice from your local Welfare Rights Organisation as per my link in my previous post.
Gary
As your son is in receipt of SDP then he must be in receipt of Daily Living component of PIP, living alone or living with someone also in receipt of a qualifying benefit, claiming CA may affect his claim for PIP, but that is another issue.
In your first paragraph there should not be a period of overpayment as your sons IR ESA would be reduced by £69.70 and increase by Carers Premium £38.85, overall a net increase by £38.85 pw
In your second paragraph you ask about backdating the carer element to August, this is not possible, Carer Element can only be paid when you are in receipt of UC.
For single claimants, if you have a limited capability for work or limited capability for work related activity and you are also a carer who qualifies for the carer element, you cannot be paid for both elements. You are paid the highest element that applies, they call this an overlapping benefit.
Paragraph 3; Transitional element is included if you are moved to UC through managed migration. The amount received will reduce over time as other elements increase excluding childcare element.
Paragraph 4; NS ESA and UC are not the same in regard to sickness payments; NS ESA pays Class 1 NI Credits which in addition to being used in regard to your State Pension can also be used (in part), for a new claim of NS ESA. UC only pays Class 3 Credits which can only be used for your pension.
Paragraph 5; This I cannot answer, it would have to be a decision your son has to make.
paragraph 6; Carer element, you must have regular and substantial caring responsibilities for a severely disabled person. The rules are the same as for Carers Allowance, but with no earnings limit. If you work more than 16 hrs pw then you are treated as not having limited capability for work but there are some exceptions.
I would advise you to seek specialist advice from your local Welfare Rights Organisation as per my link in my previous post.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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