Carers Allowance Query ...

Hi all,

Husband gets ESA & is in the support group
He also gets low rate DLA, both care & mobility
I get PIP standard

WR say that I can claim CA as ESA is an overlapping benefit & something about an underlying entitlement & another premium, which would entitle us to an extra £30+ weekly. Now I have looked on here, but I'm not grasping it. I thought that for me to be able to claim CA my husband would have to be on at least MR DLA? WR say that it won't effect other benefits, but I worry that it will. Why else would I have to inform housing?

Hopefully one of you lovely people could explain this in simple terms to me, thanks

Bud wrote: Hi all,

Husband gets ESA & is in the support group
He also gets low rate DLA, both care & mobility
I get PIP standard

WR say that I can claim CA as ESA is an overlapping benefit & something about an underlying entitlement & another premium, which would entitle us to an extra £30+ weekly. Now I have looked on here, but I'm not grasping it. I thought that for me to be able to claim CA my husband would have to be on at least MR DLA? WR say that it won't effect other benefits, but I worry that it will. Why else would I have to inform housing?

Hopefully one of you lovely people could explain this in simple terms to me, thanks

Hi B,

From the : CA Gov.UK Webpage.


"The person you care for

The person you care for must already get one of these benefits:

Personal Independence Payment (PIP) daily living component

Disability Living Allowance (DLA) - the middle or highest care rate

Attendance Allowance


Constant Attendance Allowance at or above the normal maximum rate with an Industrial Injuries Disablement Benefit, or basic (full day) rate with a War Disablement Pension

Armed Forces Independence Payment (AFIP)"

So you are correct, as hubby only has a Low Rate Care DLA Award, you cannot claim CA for providing care for him, nor can anyone else.

The WR are correct in that you couldn't receive CA payments whilst also in receipt of ESA as they are "overlapping benefits", and indeed if you could have claimed CA for providing care for hubby, which you can't, you may have had an "underlying entitlement" which would have resulted in you receiving The Carers Premium (CP) on top of your ESA in the form of an IR ESA Premiums top-up. (currently £34.60/Week)

However, hubby may be able to receive The CP for providing care for you as you have a Standard Daily Living PIP Award.

Again, the £34.60 would be paid on top of his ESA as an IR ESA top-up.

He would first have to make a claim for CA which would be turned down due to being an "overlapping benefit".

Once refused, the refusal letter should be sent to ESA, this would indicate his "underlying entitlement" and result in payment of The CP on top of his ESA.

Of course to receive any IR ESA Premium, you must be able to pass the means test for payment of IR ESA.

The only thing to consider is, would the minmum 35 hours care that he is providing for you be contradictory to the limitations that gave him his SG and DLA Award.

Remember, care does not have to be purely of a physical nature, it can be supervisory, encouragement, comforting, etc, etc.

So the information that the WR have given is correct, other than it would be hubby receiving The CP for providing care for you, rather than you receiving it for providing care for hubby.

Informing "housing" would just be to ensure that they were aware of any change in your income.

However, as ALL ESA Premiums are paid as IR ESA, it cannot possibly have an adverse effect on any other of your benefits, including HB or CT Support.

If you are entitled to IR ESA top-ups, this also passports you to other "benefits" such as free prescriptions and dental care.

Housing Benefit / Council Tax Support, (Contact your Council/LA Re : this) or help with your mortgage if you have one:

SMI Scheme

Plus, receipt of IR ESA may also entitle you to a credit of £140 on your electricity account in March 2015 under : The Warm Home Discount Scheme

The other positive is that if any part of your ESA is IR ESA there is no 365 days entitlement to payment rule, no matter which group you are in.

Now that you are clear that hubby can claim CA/CP for providing care for you, WR should be able to guide you through the process.

See also : CarerUK CA.

bro58

Thanks ever so much bro. The thought that he could be my carer, rather than me his, did enter my head just after I'd posted Please excuse me I'm manic. I've just got the form in the post from WR which confirmed this too. Thanks ya brilliant!

Sorry I'm here again Would I at any point be able to switch to being his carer, say for example if he successfully moves from DLA to PIP? The reason I ask is because on 2 occasions now (although I've been having chemo ...), the JC have asked me to come in for a review re looking for work. Not that I've attended, they started back peddling as soon as I told them the situation. But it can be a very stressful time as you can imagine, & one that I don't want to have to go through if need be. Many thanks for your time & patience.

Bud wrote: Sorry I'm here again Would I at any point be able to switch to being his carer, say for example if he successfully moves from DLA to PIP? The reason I ask is because on 2 occasions now (although I've been having chemo ...), the JC have asked me to come in for a review re looking for work. Not that I've attended, they started back peddling as soon as I told them the situation. But it can be a very stressful time as you can imagine, & one that I don't want to have to go through if need be. Many thanks for your time & patience.

Hi B,

If in the future both of you are entitled to a PIP Daily Living Award, or hubby had a MR or HR Care Award and you had a Daily Living Award, not only could you both receive the CP for providing care for each other. i.e. 2 x £34.60/Week (£69.20/Week in total) you may also be entitled to payment of The Severe Disability Premium (SDP) at the couple rate, currently £123.70/Week.

You cannot usually receive The SDP unless in receipt of MR/HR Care DLA or Daily Living PIP, you live alone and no one receives CA for providing care for you.

However, under the scenario in my opening paragraph you would be "classed" as living alone, and would therefore have entitlement to The SDP and CP x 2.

Current "Premium" rates can be seen in : This FAQ at the bottom.

Something to bare in mind if your situation changes.

bro58

bro58 wrote:

Bud wrote: Sorry I'm here again Would I at any point be able to switch to being his carer, say for example if he successfully moves from DLA to PIP? The reason I ask is because on 2 occasions now (although I've been having chemo ...), the JC have asked me to come in for a review re looking for work. Not that I've attended, they started back peddling as soon as I told them the situation. But it can be a very stressful time as you can imagine, & one that I don't want to have to go through if need be. Many thanks for your time & patience.

Hi B,

If in the future both of you are entitled to a PIP Daily Living Award, or hubby had a MR or HR Care Award and you had a Daily Living Award, not only could you both receive the CP for providing care for each other. i.e. 2 x £34.60/Week you may also be entitled to payment of The Severe Disability Premium (SDP) at the couple rate, currently £123.70/Week.

You cannot usually receive The SDP unless in receipt of MR/HR Care DLA or Daily Living PIP, you live alone and no one receives CA for providing care for you.

However, under the scenario in my opening paragraph you would be "classed" as living alone, and would therefore have entitlement to The SDP and CP x 2.

Current "Premium" rates can be seen in : This FAQ at the bottom.

Something to bare in mind if your situation changes.

bro58

Just to add as you/hubby are in The SG, you should already be receiving the couple rate of the Enhanced Disability Premium (EDP) which is currently £22.60/Week.

Generally described as the "Disability Income Guarantee" on the benefit breakdown page of your ESA letter.

It would be normal for hubby to receive all IR ESA Premium top-ups for both of you, paid on top of his fortnightly ESA payments

bro58