Time-limited ESA(C) and overlapped Carers Allowance

Has anyone given any thought to the issue of ESA(C-WRAG) and overlapped Carers Allowance? 

Been wondering how this is going to work in practice. For example, ESA(C) is overlapped by a CA claim, ESA ceases under time-limiting, so now CA can actually be paid, but is JCP going to alert me (or the Carers Allowance Unit) to this fact? I’ve not seen anything in the handouts.

If my CA is overlapped by ESA(C) and I’ve been been caring for someone outside my home there will also be the issue of potential loss of SDP for the cared-for if they are on IS or PC.  This can be explained if clients come forward for a benefits check, but what is JCP going to do for those who can’t, or won’t access advice?

Came up in this thread:-

http://www.rightsnet.org.uk/forums/viewthread/2946/

(replies #5 and #7)

Thanks for that, must have missed it. Grim reading though!

This thread might help: http://www.rightsnet.org.uk/forums/viewthread/2855/

In summary, carers who were entitled to CA in the tax year 2010/11 may be able to successfully re-claim CESA in 2012 provided the new claim is made more than 12 weeks after the old CESA ended due to time limiting.

A single week’s entitlement to CA in 2010/11, whether “paid” or “underlying only”, would be sufficient. It would allow whatever tax year you’d originally used to satisfy the first contribution condition re your time limited CESA to also satisfy the first contribution condition re your new CESA award.  Provided that the tax year concerned was one in which you earned that year’s LEL in at least 26 weeks.

However, the 2nd contribution condition for ESA would still need to be satisfied for tax years 2009/10 and 2010/11.  Those on CESA since 19/4/09 to at least 5/4/11 would satisfy that condition for those two years. 

Those on CESA since 19/4/10 to at least 5/4/11 (ie, 50 weeks) would satisfy the 2nd contribution condition for 2010/11 and would have to ask for a breakdown of their contribution/credits record for 2009/10 if told they did not satisfy the 2nd contribution condition for that year.  It may be possible to apply now for any LCW credits required to top you up for 2009/10 if your record in that year is deficient.  Even if that’s not possible, the fact you’d been on CESA since 19/4/10 until time limited on 30/4/12 would mean that you’d only have to wait until 6/1/13 (ie the first Sunday in 2013) before being able to successfully re-apply for CESA.  Although in that event you’d have needed to be entitled to CA for at least a week in 2011/12 rather than 2010/11.

So carers/former carers might only have to do without CESA for 12 weeks in many instances, resulting in the person being cared for losing an SDP for 12 weeks max.  Perhaps more harshly affected are those carers who are able to have ir-ESA substituted for CESA following time limiting of the latter.  Their CA, formerly underlying now paid, would lose the person they care for an SDP, and the carer wouldn’t be able to break their ESA unless they stopped claiming for 12 weeks otherwise payable ir-ESA.  Another option might be to reduce their care to less than 35 hours p/w in order to lose CA entitlement and preserve any SDP of the person cared for.  Difficult times.