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two ESA to uc situations
would be grateful for opinions on if i am thinking correctly on this.
1. client on esa but lived with mum so no sdp. esa claimed under legacy system. mum passes away so sdp now due. in process of tenancy being swapped to client and guardianship awarded to family member as currently client stated not to have capacity to sign rent agreement.
to get help with housing costs the client will need to claim uc and so lose sdp.
my thinking is that getting the sdp added then holding off on uc claim until migration regs would preclude client from getting uc mght be an option? this would give a potential short term loss and i suppose be a risk as who knows if the regs (or a version of) will go through to stop those with an sdp claiming uc but longer term esa with an sdp and hb would be much better option
2. client was working but job ended as business has closed (may open again at the end of january). client has pip and lives with parents who both have AA so under legacy he would have an sdp. client could claim conts based ESA as should meet criteria but can also claim carers allowance (parents sdp not an issue).
am i right that the draft reg sdp block doesnt impact this situation as this client cant actually establish an sdp as claiming “new style” ESA as uc fully rolled out?
For situation 2 overlapping benefits rules will surely prevent client being paid Carer’s Allowance if they already get new style ESA. Agree that client cannot establish an entitlement to SDP as will not be claiming income based ESA.
For situation 1 need to consider whether client can afford to pay the rent if they do apply for help with housing costs now.
[ Edited: 20 Dec 2018 at 06:55 pm by Ianb ]You also need ot be aware that the SDP protection might not come in on 16/1/19. It’s only three weeks to find out so might not break the bank but at this stage it’s a gamble.
For situation 2 overlapping benefits rules will surely prevent client being paid Carer’s Allowance if they already get new style ESA. Agree that client cannot establish an entitlement to SDP as will not be claiming income based ESA.
For situation 1 need to consider whether client can afford to pay the rent if they do apply for help with housing costs now.
it should get a carers element in uc though…unless ive got that wrong (which is possible)
You also need ot be aware that the SDP protection might not come in on 16/1/19. It’s only three weeks to find out so might not break the bank but at this stage it’s a gamble.
yip, i have been careful to caveat that option when talking about it.
thanks both for responding.
For situation 2 overlapping benefits rules will surely prevent client being paid Carer’s Allowance if they already get new style ESA. Agree that client cannot establish an entitlement to SDP as will not be claiming income based ESA.
For situation 1 need to consider whether client can afford to pay the rent if they do apply for help with housing costs now.
it should get a carers element in uc though…unless ive got that wrong (which is possible)
You don’t need to claim Carer’s Allowance to get the carer element in UC, just have to meet the conditions that enable you to be accepted as a carer.
For situation 2 overlapping benefits rules will surely prevent client being paid Carer’s Allowance if they already get new style ESA. Agree that client cannot establish an entitlement to SDP as will not be claiming income based ESA.
For situation 1 need to consider whether client can afford to pay the rent if they do apply for help with housing costs now.
it should get a carers element in uc though…unless ive got that wrong (which is possible)
You don’t need to claim Carer’s Allowance to get the carer element in UC, just have to meet the conditions that enable you to be accepted as a carer.
there isnt anything to be gained (that i can see) by not claiming it though and having it as an underlying entitlement. even more so in scotland as if the clients carers ever comes into payment then it can entitle them to the suppliment which is disregarded as income for reserved benefits.
there isnt anything to be gained (that i can see) by not claiming it though and having it as an underlying entitlement. even more so in scotland as if the clients carers ever comes into payment then it can entitle them to the suppliment which is disregarded as income for reserved benefits.
Agreed, nothing to be lost and get better class ofNI credits too. Just wanted to make the point that carer element not dependant on Carer’s Allowance (unlike carer premium). For some claimants only dealing with one benefit will be easier to manage.
I am not familiar with rules in Scotland and fully accept that different considerations may apply in your part of our (not so) United Kingdom.
[ Edited: 24 Dec 2018 at 10:52 pm by Ianb ]there isnt anything to be gained (that i can see) by not claiming it though and having it as an underlying entitlement. even more so in scotland as if the clients carers ever comes into payment then it can entitle them to the suppliment which is disregarded as income for reserved benefits.
Agreed, nothing to be lost and get better class ofNI credits too. Just wanted to make the point that carer element not dependant on Carer’s Allowance (unlike carer premium). For some claimants only dealing with one benefit will be easier to manage.
I am not familiar with rules in Scotland and fully accept that different considerations may apply in your part of our (not so) United Kingdom.
in scotland anyone who gets paid carers allowance on one of the two qualifying dates per year is entitled to a lump sum payment. its basically the difference between carers and conts based jsa. its disregarded for income support etc so its a very positive change (granted its still a few zeros short of turning it into the earnings replacement benefit its supposed to be).
i can assure you having devolution of some benefits to keep an eye on on top of reserved changes is fantastic fun.