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ESA and carers

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4 years 9 months ago #249864 by JJJ
Replied by JJJ on topic ESA and carers
Thanks Gordon - as part of my child tax credits, there is a severe disability element - does this not count?

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4 years 9 months ago #249865 by Gordon
Replied by Gordon on topic ESA and carers
JJJ

No, it is not the same but even if it was, it is your CTC claim, not your sons.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: JJJ

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4 years 8 months ago #250229 by JJJ
Replied by JJJ on topic ESA and carers
I claimed for ESA as advised and I also decided to submit a claim for UC, after I read an example of someone in my exact situation, successfully claiming UC for their son - thought I'd give it a go.

The UC claim seems to be going through and the journal says he has been put forward for a work capability assessment and we have been sent the UC50 form to fill in.

I know that we could have been refused a work capability assessment, and so far we've been lucky, but I was wondering if we are now 'safe' as we've just heard from the ESA, asking for a medical certificate and I don't know if we should continue with this, just in case the UC turn around and stop the WCA or whether we should write and stop the ESA claim?

Thanks in advance for any advice

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4 years 8 months ago #250245 by Gordon
Replied by Gordon on topic ESA and carers
JJJ

I'm confused, as far as I can see no one has advised he claim ESA, if he has then it can only be for New Style ESA which he will not be entitled to as he has no NI Contribution history.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 8 months ago #250251 by JJJ
Replied by JJJ on topic ESA and carers
'The way around this is to make a claim for New Style ESA. this is a Contributory benefit. your son will not meet the Contributory Conditions so he will not be entitled to payment but he can still continue with the claim and be assessed to see whether he has LCW, if an award is made then he can make a claim for UC as the NS ESA LCW will be transferable.

Gordon


I did as you suggested, but I don't know if to continue this New Style ESA claim (only just had a letter) or if I'm safe claiming UC, now they've sent the UC50 and the journal states he has been referred for a work capability assessment. Or Keep going with the ESA claim too, just in case they don't continue with the UC WCA - does that ever happen - do they ever start the WCA process and then say they made a mistake? As you said he won't get the ESA, but it's a way of getting a WCA.

Thanks
Julie

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4 years 8 months ago #250252 by Gordon
Replied by Gordon on topic ESA and carers
JJJ

Sorry I missed that, struggling with the heat :(

Do they know that he is a student?

I would continue with the NS ESA claim for the moment, they should only issue one form and there should only be one WCA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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