I am supporting a lady who is currently receiving enhanced daily living and standard mobility PIP. She has just got divorced and needs to claim ESA. She has never claimed UC.
Is it possible for her to claim old style ESA so that she will be entitled to Severe Disability Premium? Her ESA would have to have to based in on income rather than contributions.
Thank you, Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
What is now called legacy ESA can only be claimed if the person was in receipt of the Severe Disability Premium immediately prior to making the claim, this could either be because she was already receiving a legacy benefit or because she had a Housing Benefit claim in her name and that included the Premium, neither of which appear to be the case.
So, unless she can show that she was receiving the Premium no more than 30 days ago and that she still meets the criteria to receive it then her only choice is to claim Universal Credit.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
