In receipt of Carers Allowance and ESA, called for medical...What will happen to mum?

[maddiemay]

For the past 2 years I have been caring for my mum, and in receipt of Carers Allowance for the last year. I have a complex mental health issue for which I receive DLA, I also receive a weekly payment of £45 ESA.

Today I was called by Atos to cancel my medical appointment for this afternoon, I actually had no idea about the appointment, as I had not received any notification to either my home address or my mums (my preferred contact address, given to DWP, in writing and during a recent interview) as the conversation progressed it transpires that DWP had on file my contact address as a combination of both my mums current and previous address's! so its a good job it was being cancelled, or the first I would have known about it was when they stopped my money for not attending a medical!

 

My question is, when I have attended the new scheduled medical appointment, and failed it, as is par for the course, what will happen to my mum? without me she will not last 2 weeks, she will either starve to death or just give up, my step-dad is useless and has no interest in mum since she developed Dementia, mum is also phyically disabled and can do nothing for herself, she has carers come in and get her, in and out of bed, but I do all the caring in the hours in between. Of course I realise I can appeal a failed decision, and have done so in the past (before I was a carer) in fact I didnt even attend the appeal hearing and it was ruled in my favor in my absense.

 

I honestly dont think I have the energy to go through all that again, not to mention the fact that I have no desire to go into detail the ins and outs of the reason why I suffer from anxiety and depression, I know for a fact this only leads to an episode, and I cannot afford to be unable to look after my mum, I have to stay as strong as possible, I work very hard at staying strong in order to be able to look after my mum, if I am forced to disclose the ins and outs to a complete stranger, who in all likelyhood will never have heard of my condition, I cannot see it being at all helpful to me or my mum.

 

I was led to believe that as a carer I would not need to attend medicals? I have read that I should claim Income Support and would not be required to attend medicals, but also I believed, I/S was now replaced with ESA, Im so confussed, can anyone help please???

[estellyn]

If you fail your ESA assessment, you can choose to claim income support as a carer instead, and yes, you would not be required to attend medicals. You could choose to end your ESA claim before the assessment, and then put in a claim for income support.

[flumps1976]

If you are receiving carers allowance then yes you can claim Income Support as a top up of that benefit and not have to worry about undergoing any further medicals, you can still apply for IS and appeal against the medical decision as you may be better off financially with any disability premiums from the ESA award depending on how long you were receiving ESA for.

[maddiemay]

Could I change to income support now? I really dont want to put myself through a medical unless absolutely necessary.

Would there be any reason why I wasnt advised what benefit to claim, surely its their job to award the correct benefit depending on the circumstances of the person.

 

Thank you for your speedy response, been fretting about it all day, almost to the point of I'll just manage without the ESA, which realistically isnt possible

[maddiemay]

Oh been receiving ESA for around 4 months

 

Maddie

[estellyn]

Could I change to income support now? I really dont want to put myself through a medical unless absolutely necessary.

Would there be any reason why I wasnt advised what benefit to claim, surely its their job to award the correct benefit depending on the circumstances of the person.

 

Thank you for your speedy response, been fretting about it all day, almost to the point of I'll just manage without the ESA, which realistically isnt possible

 

Yes, you just need to end your ESA claim and then put in an income support claim - there may be a short delay between payments.

[maddiemay]

Thats great, will do it today, thank you for the advice

[count orlok]

I am in a similar position to you. I am on ESA Support group and am carer to my wife. When I got my letter about moving from IB to ESA I was going to change then but when i sent in my ESA50 they put me in the support group.

 

When it comes up for review I'll not go through a WCA (had enough of years of IB medicals). So if i don't get put straight into the support group I'll just go onto Carers allowance and allow Pension Credits to make up the difference (wife over pension age, I'm a few years under). I have to much to lose by taking a WCA, and fear for wife's care and my life if I am forced to work as a slave.

[maddiemay]

Thanks all

I didnt phone today as I got a bit nervous about telling them I want to change from ESA to IS, it kind of feels wrong to tell them if you know what I mean, maybe I'll be braver tomorrow

[flumps1976]

When you call the contact centre to make your claim they have to follow a set script so they ask which benefit you want to claim and they cannot advise if it's the wrong benefitor advise which benefit you should or could claim for instead.

[count orlok]

They'll probably try and talk you out of going for Carers allowance.

 

When I first got my brown envelope and they phoned i said I didn't want to go on ESA but carers allowance, but the guy said fill the ESA50 out first and see what happens. I got migrated to ESA and have an underlying entitlement to Carers Allowance.

 

I'll probably do the same next time, but if I don't get put straight into the support group I'll go for CA. I'm not prepared to go through the humiliation and pain of a WCA or the WRAG. Now that those in that group are being forced to work I'm not prepared to risk my life and become another one of the statistics.

[maddiemay]

I already get carers allowance count orlok, which is topped up by ESA, it is because of this ESA that I have been called for a medical. I am just going to be completely honest and tell them I simply cannot go through the medical process again, if that means I only have the £58 a week carers allowance to live on, then so be it, Im not prepared to go through the stress and anxiey trying to explain my illness to a stranger who in all likelyhood will have no knowledge of mental illness and will fail me anyway.

[paulb1310]

Regulation 3(2) of the ESA (WRA) Regs2011, seems to exempt carers from Work Related Activities

Requirement to undertake work-relatedactivity

3.—(1) The Secretary of State may require a person who satisfies therequirements in paragraph (2) to undertake work-related activity(a) as acondition of continuing to be entitled to the full amount of employment andsupport allowance payable to that person.

(2) The requirements referred to in paragraph (1) are that the person–

(a) is required to take part in, or has taken part in, one or more work-focusedinterviews pursuant to regulation 54 of the ESA Regulations;

(b) is not a lone parent who is responsible for and a member of the samehousehold as a child under the age of 5;

© is not entitled to a carer’s allowance; and

(d) is not entitled to a carer premium under paragraph 8 of Schedule 4 to theESA Regulations.

As far as I know there has been noamendment to this so someone on CA can’t be required to do work relatedactivity.

[maddiemay]

Thanks for that, I did think that was the case too, but thought I must have been mistaken when I got the call from ATOS or whatever they're called. I have written a letter confirming the correct address and asking for IS forms to be sent out to me, that way it is in Black and White and should be no room for error!!! I anticipate the forms arriving by Easter, and a decision by next Christmas!

[Nystagmite]

You may get income support if carers allowance is your only income of that and your partner, if you have one.

[maddiemay]

Just got back from my ATOS medical, in and out within 15 minutes! Will keep you posted