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Not sure what to do - ESA help
- Rhona
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8 years 3 weeks ago #155360 by Rhona
Not sure what to do - ESA help was created by Rhona
Hi
I have been on ESA (C) for a few years and I'm in the Support Group. I also have DLA Middle Care and Higher Mobility. My husband receives Carer's Allowance for looking after me. He is 63 and works part-time as Self-Employed builder. Recently he has hurt his back and is unable to work. He has applied for ESA. Whilst applying for ESA he was told he had to go down ESA (IR) route as his NI credits for being a carer would not count - it has to be paid for contributions. He was also told that because of his age he may be eligible for Pension Credit. That dept then got phoned and told him that I would have to give up my ESA in order for Pension Credit to be awarded. He was told he would get £43 a week if I did that. Now bear in mind my ESA is £89 a week (I have some deducted because of early retirement pension). We didn't really think that was the way to go. So back to ESA dept and a claim has now gone in for ESA (IR). I am really worried about it as I am wondering if I will lose my ESA entitlement as we will be awarded an amount as a couple. Now hopefully my husband will get better - do I just get the same ESA amount as before? I am very confused about all this and would appreciate some guidance on the subject. Thanks in advance.
I have been on ESA (C) for a few years and I'm in the Support Group. I also have DLA Middle Care and Higher Mobility. My husband receives Carer's Allowance for looking after me. He is 63 and works part-time as Self-Employed builder. Recently he has hurt his back and is unable to work. He has applied for ESA. Whilst applying for ESA he was told he had to go down ESA (IR) route as his NI credits for being a carer would not count - it has to be paid for contributions. He was also told that because of his age he may be eligible for Pension Credit. That dept then got phoned and told him that I would have to give up my ESA in order for Pension Credit to be awarded. He was told he would get £43 a week if I did that. Now bear in mind my ESA is £89 a week (I have some deducted because of early retirement pension). We didn't really think that was the way to go. So back to ESA dept and a claim has now gone in for ESA (IR). I am really worried about it as I am wondering if I will lose my ESA entitlement as we will be awarded an amount as a couple. Now hopefully my husband will get better - do I just get the same ESA amount as before? I am very confused about all this and would appreciate some guidance on the subject. Thanks in advance.
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- Gordon
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8 years 3 weeks ago - 8 years 3 weeks ago #155421 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Not sure what to do - ESA help
Iris
I would recommend you get face to face advice from a trained advisor before you do anything further. Do an internet search for "welfare advice" with you postcode, town or county.
Your husband may be able to make a claim for Contribution Based ESA if was receiving Carers Allowance in the Tax Year 2014-15 and he has previously received NI Contributions previously. If he has then he should refer the DWP to ESA Regulation 8 and in particular 8.2(a)
You will not need to close your claim for ESA(CB) however it will be treated as income in regard to any claim for ESA(IR) or Pension Credit that your husband might be able to make, as will your pension.
Gordon
I would recommend you get face to face advice from a trained advisor before you do anything further. Do an internet search for "welfare advice" with you postcode, town or county.
Your husband may be able to make a claim for Contribution Based ESA if was receiving Carers Allowance in the Tax Year 2014-15 and he has previously received NI Contributions previously. If he has then he should refer the DWP to ESA Regulation 8 and in particular 8.2(a)
Relaxation of the first contribution condition
8.—(1) A claimant who satisfies any of the conditions in paragraph (2) is to be taken to satisfy the first contribution condition if—
(a) the claimant paid Class 1 or Class 2 contributions before the relevant benefit week in respect of any one tax year; and
.
(b) the earnings factor is derived—
.
(i) from earnings, on which primary Class 1 contributions have been paid or treated as paid, which are not less than that year’s lower earnings limit multiplied by 25; or
(ii) from Class 2 contributions multiplied by 25.
.
(2) The conditions referred to in paragraph (1) are that the claimant—
(a) was entitled to a carer’s allowance in the last complete tax year immediately preceding the relevant benefit year;
You will not need to close your claim for ESA(CB) however it will be treated as income in regard to any claim for ESA(IR) or Pension Credit that your husband might be able to make, as will your pension.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 3 weeks ago by Gordon.
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- Rhona
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8 years 3 weeks ago #155450 by Rhona
Replied by Rhona on topic Not sure what to do - ESA help
Thank you Gordon. He has been in receipt of Carer's Allowance for about 3 years so I think he would be entitled to ESA (C). Do the DWP not check his NI contribution record anyway regardless of what he was told by the man taking his details?
Kind regards
Kind regards
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- Gordon
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8 years 3 weeks ago #155478 by Gordon
They do but usually just the last to complete Tax Years.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Not sure what to do - ESA help
Iris wrote: Thank you Gordon. He has been in receipt of Carer's Allowance for about 3 years so I think he would be entitled to ESA (C). Do the DWP not check his NI contribution record anyway regardless of what he was told by the man taking his details?
Kind regards
They do but usually just the last to complete Tax Years.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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