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Thread: I don't want to claim ESA?

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  1. #1
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    I don't want to claim ESA?

    Hi all, firstly I hope this makes sense, I asked this question before but I don't think I put it very well.
    My husband has just put in a claim for income support, but with him as a carer( for me )as a couples claim, it says he is entitled to claim IS as a carer, but it went on to say 'your partner' (me) can claim ESA , I don't want to claim it, I can't cope with the stress of it basically, will the Jobcentre insist I claim it instead of my husband getting the income support as a carer for me? I hope that makes sense?
    Many Thanks

  2. #2
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    Makes good sense to me, although I am no expert in ESA.
    If your Husband claims IS I belive that can give you things like free prescriptions. If you claim ESA i think that would be taken off your husbands IS anyway because IS is means tested. However, have you thought about your NI contributions ?
    I may well be talking out of my rear end here so I hope that one of our learned member will put me right
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  3. #3
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    Quote Originally Posted by Anyac82 View Post
    Hi all, firstly I hope this makes sense, I asked this question before but I don't think I put it very well.
    My husband has just put in a claim for income support, but with him as a carer( for me )as a couples claim, it says he is entitled to claim IS as a carer, but it went on to say 'your partner' (me) can claim ESA , I don't want to claim it, I can't cope with the stress of it basically, will the Jobcentre insist I claim it instead of my husband getting the income support as a carer for me? I hope that makes sense?
    Many Thanks
    NO; the jobcentre won't insist you claim ESA, but there are number of things you should consider before you do this.

    1) As a secondary claimant for IS YOU will not have the protection from any Work Related conditionality that ESA provides, you will more than probably have to attend WFI's to discuss this.
    2) IS is a 'Legacy Benefit' and will much more likely be brought under UC way before any ESA (IR) claims.

    It isn't something I would suggest, unless your claim for ESA has failed, you need to remember many people that claim PIP work and hold down full time jobs.
    If you maintain that you are unable to work because of illness or disability ESA is the only option.

    NB: also consider that if your PIP Daily Living award should be removed at anytime, that also means you lose CA & IS, all your eggs are effectively in one basket.
    Last edited by Jard; 26-08-17 at 12:12.

  4. #4
    Senior Member suffolkbobby's Avatar
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    I am no expert but I can share my experience and the advice I was given.

    I had applied for ESA and was in the assessment stage when asked to attend a face to face interview/medical assessment. The decision maker decided I was fit for work and switched my claim to the JSA team.
    Answering NO to the question "Am I actively seeking employment" I was told I could not continue with the claim and should request a Mandatory Reconsideration of my ESA claim.
    I was advised by the staff at the Job centre to seek help from the local Disability Advice Service which I did.

    During my session with a DAS advisor, she checked all my documentation and when she discovered I receive standard level of PIP her advice was to allow my wife to claim Income Support and Carer allowance as we would be better off financially and also this is far less stressful than the process of requesting a Mandatory Reconsideration of ESA which would probably end up with a tribunal.........The Income Support was awarded as was the carer allowance and we have heard nothing more from DWP or the job centre.

    My understanding indicates that the job centre will not insist you claim ESA although you CAN if you so wish.

    Good luck

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