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

Can someone be in ESA Support group and still claim underlying entitlement to Carer’s allowance? 

Ruth
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Advice & Support, Pobl Newport & Swansea

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Joined: 6 December 2022

Advice please: 
Husband is on New Style ESA Support component following appeal attempt that the DWP changed prior to hearing; Wife had already been claiming IRESA for them as a couple, also in Support Group. 
Both entitled to SDPs in IRESA.
IRESA includes amount as a couple, 2 x SDP, EDP, and 1 x £40.60 Support component payment which needs to be corrected as since reinstating the husband’s New Style, they have not linked his claim to hers and are not deducting his ESA from the IRESA either.

Here’s the question:
If he claims underlying entitlement for CA to have carer’s premium in IRESA, will it affect them negatively?

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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As long as he has ESA(c), it will supress payment of CA.  The effect of that will be to generate a Carer Premium without affecting the couple-rate SDP.  You get the Carer Premium if entitled to CA, but only lose the SDP if CA is actually paid.

Ruth
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Advice & Support, Pobl Newport & Swansea

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I understand about the carer’s premium, but might his being classed as a carer prejudice whether the DWP consider him entitled to his ESA or PIP?  I know it doesn’t matter in PC at the moment and didn’t used to make a difference with ESA, but just not sure now with all the changes.

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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The DWP has often taken   this line over the years .

I have attached an extract from a submission of mine answering that point

Adapt it if you need to at any time

[ Edited: 6 Apr 2023 at 05:31 pm by Stainsby ]

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HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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It is a totally standard component of the welf toolkit.  If the couple’s care needs are compatible they can care for each other while needing care themselves, and given the overlap between the PIP and ESA activities and descriptors it’s not a huge reach to say that having LCWRA is also compatible with being a carer.  There are loads of cases like this.

If you are old enough to remember the 1990s docusoap Paddington Green, there was a couple in that show who would have been a perfect illustration of this point - one blind and one wheelchair user.

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Used to manage staff who dealt with nothing but benefit take-up for older people. This was back in the day when full on genuine backdating was a thing. Was as described above absolutely routine to have couples with couples rate SDP and CP.  The gains were delicious 😊