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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA, CA and WFI responsibilities.

benefitsadviser
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Sunderland West Advice Project

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Total Posts: 1003

Joined: 22 June 2010

Just wondering how the WRAG works in regard to ESA claimants who also claim Carers Allowance.

I have a client who was receiving Income Support due to incapacity under the old rules and the Carers premium was added to her applicable amount :
(£67.50 + £28.85 Disability premium + £31.00 CP = £127.35)

She is now to be migrated to ESA and as there is no way she should be considered for the support group (just filled in her ESA50)she will probably be placed in the Work Related Activity group. As she is claiming Carers Allowance i am wondering whether she should still be expected to look for work. Ive checked ye olde CPAG bible but there is no mention of Carers being exempt from Work related activity.
If she cancels her claim she will lose her Disability based premium (WRAG component) and be worse off, so i have advised that IRESA is the way forward, however she reckons she will be unable to work due to a combination of health and caring responsibilities.
I dont want her ESA sanctioned for failing to accept work (if it happens) as i cannot find a reference to her being part of an exempt group. Common sense dictates otherwise but we all know that can go out of the window when we deal with JC+
Any ideas?

[ Edited: 17 Jan 2012 at 05:08 pm by benefitsadviser ]
dizzymare
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Welfare benefits adviser - Dudley MBC

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Total Posts: 319

Joined: 18 June 2010

Hi
was just wondering what the outcome of this situation was? I have just come across the very same situation. I have been told that she can stay on IS as a carer if my clt wishes but that she would lose her DP. I had not really considered this as the rules say you can get a dis p if you satisfy the incapacity for work condition and incap began prior to 2008. My clt does not get DLA (although we are currently appealing this) I did though think since she had an incapacity for work which began prior to 2008 that the dis p would still continue on her IS (though I guess now she has been assessed under the ESA rules, it is a different test that she is meeting and not the incap for work one :-/

Is there no way round this situation?

many thanks

** found the info in the DMG - DP will terminate and I cant see anyway round this unless she gets DLA.

[ Edited: 24 Feb 2012 at 04:24 pm by dizzymare ]