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Following PIP appeal & CA revision - how to get Carers & Disability premiums

 

tbidmead
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WRAMAS, Bristol City Council

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Total Posts: 266

Joined: 7 January 2013

Hi all,

I feel like this should have a straight forward answer but been a while since I’ve been involved in a case like this and am tying myself in knots.

Clt was receiving DLA. Ptr receiving CA + IS top up.
PIP decision to refuse. CA + IS ended after run on.

Ptr claimed JSA for a period (paid at standard couple rate)
Struggling to cope so ended JSA and claimed ESA for a period (assessment rate only).

PIP appeal successful. CA + IS claimed & awarded.

In the CA decision the arrears have been offset against the IS/JSA/ESA in payment whilst appeal ongoing but have only offset against ESA/JSA paid so no Carers or Disability Premiums have been included.

How do I get a resolution?

Should the earlier decision to end the IS claim be revised?
Should CA have been offset against the amount that was paid or the amount they should have been entitled to (so inc CP + DP)?
Should IS/ESA & JSA decisions all be challenged to include relevant premiums?

     
Helen Rogers
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Welfare Rights Officer, Stockport MBC

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I think it’s correct that arrears of Carer’s Allowance are offset against JSA/ESA paid.  But arrears of Carer Premium should now be paid in both of these.  And IS should be backdated to when ESA stopped.

     
tbidmead
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WRAMAS, Bristol City Council

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Total Posts: 266

Joined: 7 January 2013

Thanks

So I’m still unsure about the best way to proceed.

Should I be requesting any time revisions of the earlier JSA/ESA decisions, for relevant premiums to be included in these (now closed) claims?

Presumably the earlier IS disallowance cannot be changed to provide a full and continuous entitlement, because of the JSA/ESA claims that were made in the interim?

     
Helen Rogers
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Welfare Rights Officer, Stockport MBC

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Total Posts: 67

Joined: 17 June 2010

I would say yes and yes!

I wouldn’t get too caught up in what type of decision you’re asking for - just tell them that Carer’s Allw now awarded for that period and can they pay the CP?  They should have been informed about the Carer’s Allw, but of course you can’t rely on that.

IS would be worth pursuing if there any days since the disallowance which aren’t covered by JSA/ESA.

By the way - have you done the calculations to check whether they are better off with either the claimant or partner claiming ESA? - if this is possible?