PIP award!Thanks B&W

Jonathan wrote: Bro,

Are you sure about that regarding IR ESA and CA? I always thought underlying entitlement was only achieved with CB ESA and CA, and in the case of IR ESA, CA is fully payable as a benefit in its own right, and is deducted £ for £ from the IR ESA, but then the Carer Premium is paid on top.

Certainly that is the case for my dad's Pension Credit and I would have thought IR ESA would be the same as both are means tested?

Or are you definitely sure that underlying entitlement and no actual payment of CA is the case with IR ESA and not just CB ESA? The reason I seek this clarification is that it becomes very important if anyone is to claim the SDP because one of the criteria is that "nobody gets CA for the claimant" whereas if they have underlying entitlement and a Carer Premium, but no actual CA, the SDP is still payable (assuming they meet the other conditions).

Hi J,

I have discussed this with Gordon !!

Yes, I am sorry if I have caused any confusion with the way that I have explained it !!

ESA and CA are regularly described as overlapping benefits, it was the same with IB, and therefore only the ESA (or IB) is payable.

However, in actuality this only applies to ESA(CB) not ESA(IR), I think this is because there is no way to reduce the ESA(CB) payment (again the same for IB) to take account of the CA being paid, whereas the ESA(IR) can and does treat it as income and deducts it £ for £. So there are three scenarios

ESA(CB) only - The CA is not payable but there is an underlying entitlement. No CP is payable

ESA(CB) with ESA(IR) top-up - The CA is not payable but CP will be added.

ESA(IR) only - CA is paid but deducted from ESA, CP is added.

As to SDP, the legislation is on the following link

www.legislation.gov.uk/uksi/2008/794/schedule/4/made

The section to look at is 6.a.(iii) which refers to "no person is entitled to, and in receipt of, a carer’s allowance", I would take the "in receipt of" as meaning in payment, so if there is an underlying entitlement but no payment they would qualify for SDP.

i.e. On the premise that all the other qualifying conditions for payment of The SDP are fulfilled, payment of The Carer Premium and The SDP can be made, both would obviously be paid as IR ESA.

From what steffi has written, they would not be entitled to The SDP payment, as her hubby lives with her and he is not in receipt of MR/HR Care DLA, or Daily Living PIP.

I have advised her to seek advice also, as I don't have access to all her personal and financial information.

Thanks for requesting clarification, as I may have caused confusion to other viewing members.

Cheers

bro58

Thanks for the clarification and for your very detailed post explaining all the scenarios. Hopefully this will be beneficial for others who may also be confused!

No need to apologise - as we both know, the benefits system is extremely complicated!!!!

Hi again

I contacted the CA unit, ESA dept.,PIP,income support and then turn2us 0808 803 2000 as funnily enough none of them could work it out .Eventually given number for T2us by income support ( which we aren't in receipt of but ESA transferred my call to them) for them to do a benefits checker/calculator which worked out that yes on ESA I/R (wrag) he can claim carers allowance and the amount of 61.35 will be deducted from his ESA rate but will still be approximately 35pounds a week better off: ).

Hope that helps anybody else and saves the numerous phone calls .

I did get one advisor saying that he says government cuts taking the benefit advice line away has left many departments not knowing what the correct advice is to give out .