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DLA, ESA & CA (Carer's Allowance)
- Gordon
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10 years 3 months ago - 10 years 3 months ago #115742 by Gordon
There are two implications, the first is in regard to the monies payable, the second is in regard to your claim, I'll go back through the details for you.
Cares Allowance and ESA are classed as overlapping benefits, what you are paid will depend on the type of ESA you are receiving.
- If you are only receiving ESA(CB) then the CA will not be paid and you will receive no additional payments.
- If you are only receiving ESA(IR) then the CA will be paid but an equivalent amount will be deducted from your ESA(IR) as income, however, you will be eligible for the Carers Premium which will increase your ESA payments by £33.30 at current rates.
- If you receive ESA(CB) with an ESA(IR) then the CA will not be payable but you should receive the Carers Premium as an additional payment.
The issue with your claim is that your caring responsibilities (35 hours a week or more), may be take into account in regard to your current Support Group Award if it is believed that they contradict the limitations you stated on your last ESA50, this could lead to a new assessment and you may lose your current award if you cannot explain how you manage your caring responsibilities within the limits of your own conditions.
I hope this explains it better.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA, ESA & CA (Carer's Allowance)
Alex wrote: read all through, still not quite clear...
My ESA WRAG stopped in March 2013. I have not received any money from them since. Then I’ve applied for CA in August 2013 and was awarded it. It November 2013 I’ve got a letter of my entitlement for ESA SG. From November 2013 I am in receipt of CA & ESA SG. I would like to have a clear understanding of my situation before I speak to anyone in DWP. I wonder if there are knowledgeable independent advisors who could look with me at my papers in details? I don’t know the benefits well enough to judge whether CA & ESA SG in conflict/’overlapping’ in my case…
There are two implications, the first is in regard to the monies payable, the second is in regard to your claim, I'll go back through the details for you.
Cares Allowance and ESA are classed as overlapping benefits, what you are paid will depend on the type of ESA you are receiving.
- If you are only receiving ESA(CB) then the CA will not be paid and you will receive no additional payments.
- If you are only receiving ESA(IR) then the CA will be paid but an equivalent amount will be deducted from your ESA(IR) as income, however, you will be eligible for the Carers Premium which will increase your ESA payments by £33.30 at current rates.
- If you receive ESA(CB) with an ESA(IR) then the CA will not be payable but you should receive the Carers Premium as an additional payment.
The issue with your claim is that your caring responsibilities (35 hours a week or more), may be take into account in regard to your current Support Group Award if it is believed that they contradict the limitations you stated on your last ESA50, this could lead to a new assessment and you may lose your current award if you cannot explain how you manage your caring responsibilities within the limits of your own conditions.
I hope this explains it better.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 3 months ago by . Reason: Edited "August 2013" to 2014 in quote.
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10 years 3 months ago - 10 years 3 months ago #115743 by
Replied by on topic DLA, ESA & CA (Carer's Allowance)
Hi G,
It looks like there may be more to it, as it seems that Alex was awarded CA when payment of her CB ESA had ceased due to exhausting her 365 days entitlement to payment (in The WRAG).
If this is the case, there may be a chance of an overpayment since her CB ESA was reinstated (since superceding SG award).
www.benefitsandwork.co.uk/forum?view=top...&limitstart=0#115741
bro58
It looks like there may be more to it, as it seems that Alex was awarded CA when payment of her CB ESA had ceased due to exhausting her 365 days entitlement to payment (in The WRAG).
If this is the case, there may be a chance of an overpayment since her CB ESA was reinstated (since superceding SG award).
www.benefitsandwork.co.uk/forum?view=top...&limitstart=0#115741
bro58
Last edit: 10 years 3 months ago by .
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- Gordon
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10 years 3 months ago - 10 years 3 months ago #115744 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA, ESA & CA (Carer's Allowance)
Alex
In addition to Bro's comment above, if you are currently receiving ESA(CB) only, then your eligibility for the Carers Premium may also entitle you to an ESA(IR) top-up this will be dependant on your household income, assets and savings and any hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you are then the ESA(IR) should be backdated to when you started claiming Carers Allowance.
Gordon
In addition to Bro's comment above, if you are currently receiving ESA(CB) only, then your eligibility for the Carers Premium may also entitle you to an ESA(IR) top-up this will be dependant on your household income, assets and savings and any hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you are then the ESA(IR) should be backdated to when you started claiming Carers Allowance.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 3 months ago by Gordon.
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- Alex
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10 years 3 months ago - 10 years 3 months ago #115932 by Alex
Replied by Alex on topic DLA, ESA & CA (Carer's Allowance)
I've read all suggested and understood that I cannot have both benefits.
Today I've phoned to Carer's Allowance enquiries and cancelled my CA benefit.
Do I have to do anything else as I had both CA & ESA SG paid for about 2 months?
Or maybe at the end of the financial year I receive a letter stated what amount of money I should return?
Thank you.
Today I've phoned to Carer's Allowance enquiries and cancelled my CA benefit.
Do I have to do anything else as I had both CA & ESA SG paid for about 2 months?
Or maybe at the end of the financial year I receive a letter stated what amount of money I should return?
Thank you.
Last edit: 10 years 3 months ago by .
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- Alex
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10 years 3 months ago #115933 by Alex
Replied by Alex on topic DLA, ESA & CA (Carer's Allowance)
Thank you
I've cancelled my CA today. It was paid together with ESA SG for two months. How can I return these money? Or wait?
I've cancelled my CA today. It was paid together with ESA SG for two months. How can I return these money? Or wait?
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10 years 3 months ago - 10 years 3 months ago #115936 by
Hi A,
As receipt of full CA and Contribution Based (CB) ESA should not happen, I would advise that you inform The CA Unit and The DWP Benefits Office dealing with your ESA, in writing, that you think that a error may have occurred on their part with respect to the above.
You should tell them that you have only just become aware of this potential error, thus your reason for writing the letters.
This may well have resulted in an overpayment, which you may have to pay back to The DWP.
Luckily, it only seems to be from Nov 2013.
See : Sending Documents to the DWP or ATOS
It would be best to make it official and put it in writing, so that you have proof that you have informed them in the form of a "paper trail".
bro58
Replied by on topic DLA, ESA & CA (Carer's Allowance)
Alex wrote: I've read all suggested and understood that I cannot have both benefits.
Today I've phoned to Carer's Allowance enquiries and cancelled my CA benefit.
Do I have to do anything else as I had both CA & ESA SG paid for about 2 months?
Or maybe at the end of the financial year I receive a letter stated what amount of money I should return?
Thank you.
Hi A,
As receipt of full CA and Contribution Based (CB) ESA should not happen, I would advise that you inform The CA Unit and The DWP Benefits Office dealing with your ESA, in writing, that you think that a error may have occurred on their part with respect to the above.
You should tell them that you have only just become aware of this potential error, thus your reason for writing the letters.
This may well have resulted in an overpayment, which you may have to pay back to The DWP.
Luckily, it only seems to be from Nov 2013.
See : Sending Documents to the DWP or ATOS
It would be best to make it official and put it in writing, so that you have proof that you have informed them in the form of a "paper trail".
bro58
Last edit: 10 years 3 months ago by .
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