Hello all;

Will ESA be classed as a earnings replacement benefit in the same way as incapacity benefit, in other words will it still overlap with carer's allowance allowing underlying carer's premium particularly for housing and council tax benefit.

To be entitled to ESA you must not be entitled to either income support or jobseeker’s allowance.

Additionally, you cannot receive contributory ESA as well as state pension, maternity allowance, carer’s allowance, bereavement benefits and unemployability supplement, as these are ‘overlapping benefits’.

This means you cannot claim more than one of any of these overlapped benefits, but you will receive an amount equal to the highest amount of whichever benefit you are entitled to.

WRA, S.1(3)(e)-(f) & Overlapping Benefit Regs, reg 4