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Carers Allowance IB & ESA
- Calan
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13 years 4 months ago #59911 by Calan
Carers Allowance IB & ESA was created by Calan
I am currently undergoing the migration from IB to ESA and have my medical in three weeks time.
I also look after my mother full time and she is in receipt of Attendance Allowance and has just been diagnosed with terminal cancer. Because I have been on IB I have never made a claim for Carers allowance but obviously if I fail my medical and have my IB stopped I will need to try and maximise my income whilst I appeal.
Does anyone know if the fact that I would have to state that I care for my mother for over 35 hours a week would count against me on my appeal?
I have thought of claiming carers allowance now so as to establish that I would be entitled to it, but am reluctant to do so because I would need her signature (I have not told her that I am being reassessed by the DWP to avoid giving her any extra stress) and because I think they might use my caring responsibilities against me during the process. Does anyone know if that would be the case?
I feel really mercenary for even thinking like this but the money would be needed if my IB is stopped.
I also look after my mother full time and she is in receipt of Attendance Allowance and has just been diagnosed with terminal cancer. Because I have been on IB I have never made a claim for Carers allowance but obviously if I fail my medical and have my IB stopped I will need to try and maximise my income whilst I appeal.
Does anyone know if the fact that I would have to state that I care for my mother for over 35 hours a week would count against me on my appeal?
I have thought of claiming carers allowance now so as to establish that I would be entitled to it, but am reluctant to do so because I would need her signature (I have not told her that I am being reassessed by the DWP to avoid giving her any extra stress) and because I think they might use my caring responsibilities against me during the process. Does anyone know if that would be the case?
I feel really mercenary for even thinking like this but the money would be needed if my IB is stopped.
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 4 months ago #59915 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Carers Allowance IB & ESA
Hi,
As it's a while now since I retired, I'm not familiar with many aspects of ESA.
However, if a claimant was in receipt of Incapacity Benefit (IB) this is what's called an 'overlapping benefit' with Carers Allowance (CA), which means that IB and CA cannot be paid at the same time.
Hopefully a moderator with good experience of ESA will be able to answer your question better than I can.
Good luck.
Jim
As it's a while now since I retired, I'm not familiar with many aspects of ESA.
However, if a claimant was in receipt of Incapacity Benefit (IB) this is what's called an 'overlapping benefit' with Carers Allowance (CA), which means that IB and CA cannot be paid at the same time.
Hopefully a moderator with good experience of ESA will be able to answer your question better than I can.
Good luck.
Jim
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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13 years 4 months ago #59919 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Carers Allowance IB & ESA
Calan
Cares Allowance is an overlapping benefit with ESA so you would not actually be paid the allowance, however, you would be entitled to the Carers Premium which is paid in addition to ESA.
You should certainly expect your claiming CA to be a factor considered by a Tribunal panel, you would need to show that your caring activities do not conflict with your stated disabilities. Conversely, if you minimise your caring activities in order to be compatible with your ESA claim, then this in itself may cause repercussions with regard to you fulfilling your CA duties.
Gordon
Cares Allowance is an overlapping benefit with ESA so you would not actually be paid the allowance, however, you would be entitled to the Carers Premium which is paid in addition to ESA.
You should certainly expect your claiming CA to be a factor considered by a Tribunal panel, you would need to show that your caring activities do not conflict with your stated disabilities. Conversely, if you minimise your caring activities in order to be compatible with your ESA claim, then this in itself may cause repercussions with regard to you fulfilling your CA duties.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Calan
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13 years 4 months ago #59927 by Calan
Replied by Calan on topic Re:Carers Allowance IB & ESA
Just the Usual nightmare then !!
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