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ESA - disability premia entitlement

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7 years 1 month ago #182308 by frmarcus
ESA - disability premia entitlement was created by frmarcus
Hello: My sister, whose benefits I advise about, receives the LIMITED CAPABILITY FOR WORK ADDITION of £73.10 and EXTRA MONEY BECAUSE YOU ARE IN THE SUPPORT GROUP of £36.20 'which gives you a total income related amount £109.30. However, because you are entitled to contribution based esa we will pay you £110.85.' So far, so clear.

She also receives PIP enhanced care and standard mobility (and has received both benefits for a few years).

Because of the PIP award, I think she should receive either enhanced or severe disability premium in ESA. She lives alone, and I thought there was a simple form in which to declare this in order to receive one of the premiums.

Querying this with her benefits office, they ignored the request for the form and advised that she needed to complete a whole new ESA claim to be considered for the premia.

Can you kindly advise if this is correct? A whole new application just for premia which as far as I know are paid in virtue of the PIP award...? :evil:

Many thanks,

Marcus

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7 years 1 month ago #182312 by Gordon
Replied by Gordon on topic ESA - disability premia entitlement
frmarcus

She will need to complete an ESA3 form, in order to receive Income Related ESA and enable the payment of any Premiums that she qualifies for, the DWP often refer to this as a reassessment but is only concerned with her financial situation. ESA(IR) is dependant on her household income, her savings and assets, and for completeness, any hours that a partner works. See

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

After that an IS10 will need to be completed to enable payment of the Severe Disability Premium.

Was she converted to ESA from Incapacity Benefit?

If she was then the DWP may have failed to properly assess her situation at that time and it may be possible to backdate both or at least the EHP to when she was moved to ESA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 1 month ago #182322 by frmarcus
Replied by frmarcus on topic ESA - disability premia entitlement
Gordon: Many thanks for the kind and helpful reply. Now I know what she needs to do - but I'm irked that the DWP (Wolverhampton) didn't advise this as you do, though I set the facts out similarly.

Her household income is her benefits only (ESA and PIP); she receives full HB and CT Support, having no capital/assets; she's unable to work and lives alone.

She MAY have converted from IS to ESA - that sounds right, but it was a few years ago.

I'll do as you kindly suggest.

On another matter, I've just helped her do (well, I did it as she's too ill) a PIP review - along the lines you newly suggest with that shortened form. Her PIP (enhanced care; standard mob) award was a four-year, to Jan 18, so a review a full year earlier was unexpected... By my reckoning she should score more points now than in the initial application (which was a bit arbitrarily done by a social worker, after she'd been 'sectioned' under the Mental Health Act). I decided not to challenge as I was satisfied with the outcome and, of course, one risks the chance of a reduced outcome.

Nothing will surprise me about the outcome of the review - but I followed the very helpful members' guidance advice... so finger crossed....

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7 years 1 month ago #182353 by Gordon
Replied by Gordon on topic ESA - disability premia entitlement
frmarcus

It won't have been IS as this would have resulted in an ESA(IR) award, it had to IB. Definitely worth checking


Gordon

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