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ESA(IR) AND ENHANCED DISABILITY PREMIUM
- pahatouridis
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1 month 2 weeks ago #288882 by pahatouridis
ESA(IR) AND ENHANCED DISABILITY PREMIUM was created by pahatouridis
Hello,
My wife, aged 60, receives ESA (Income Related) since 2014 and PIP (enhanced on both elements) since 2017 and she has an award granted for reassessment after 10 years ,at 2032.
Myself, I am on pension age since January of 2020 but I have received no letter yet to claim my pension as I assumed it was all money included in the claim of my wife for income support for both of us.
A few weeks ago came the letter from DWP with the new benefit rates for the financial year 2023-2024.
It reads as follows :
Employment and support award
1)Living expenses for you and your partner £142.25
2)Extra money because of your partner’s age £143.00
3)Extra Money because your partner is your carer £45.60
Limited capability for work addition
4)Extra Money because you are in the support group £47.70
5)Minus carer’s allowance for your partner -£81.90
6)TOTAL ENTITLEMENT £296.65
I PERUSED THE FIGURES ABOVE AND THE NOTES OF THE GOVERNMENT SITE REGARDING ESA .
My first observation is about the extra money because of your partners age .
Why this is not at the level of the pension credit of £201.25 for a single person ?
And the second question is why no payments for severe disability and enhanced disability as the award was given to her for another 10 years.
When I read about eligibility of both of them it seems that enhanced disability premium should had been awarded..
From Government sites I read..
If you get income-related Employment and Support Allowance (ESA) you cannot get the disability premium, but you may still qualify for the severe and enhanced premiums.
Severe disability premium
You’ll get:
£76.40 a week for a single person
Enhanced disability premium
You’ll get:
• £19.55 a week for a single person
People on income-related Employment and Support Allowance (ESA (IR)) may be eligible for the Enhanced Disability Premium (EDP), the Severe Disability Premium (SDP), or both.
Enhanced Disability Premium
People on ESA (IR) can get EDP if they are in the Support Group or if they or their partner receive one of these benefits:
• the higher rate Care Component of Disability Living Allowance (DLA); or
• the enhanced rate of Personal Independence Payment (PIP) Daily Living Component; or
• Armed Forces Independent Payment (AFIP) It is only payable until the qualifying person reaches state pension age.
Severe Disability Premium
People on ESA (IR) can get SDP if they live alone, or are treated as living alone, where nobody receives Carer’s Allowance/Universal Credit Carer Element for looking after them, and they (and/or their partner) receive one of these benefits:
• the middle or higher rate of Disability Living Allowance (DLA) Care Component; or
• the standard or enhanced rate of Personal Independence Payment (PIP) Daily Living Component; or
• Armed Forces Independence Payment (AFIP)
From all those above my question is : Am I correct to ask to be paid the extra enhanced disability element to my wife and for how long back can I ask DWP retrospective payment??
What can I do about my pension?
Thank you for your time .Any advise is greatly appreciated .
My wife, aged 60, receives ESA (Income Related) since 2014 and PIP (enhanced on both elements) since 2017 and she has an award granted for reassessment after 10 years ,at 2032.
Myself, I am on pension age since January of 2020 but I have received no letter yet to claim my pension as I assumed it was all money included in the claim of my wife for income support for both of us.
A few weeks ago came the letter from DWP with the new benefit rates for the financial year 2023-2024.
It reads as follows :
Employment and support award
1)Living expenses for you and your partner £142.25
2)Extra money because of your partner’s age £143.00
3)Extra Money because your partner is your carer £45.60
Limited capability for work addition
4)Extra Money because you are in the support group £47.70
5)Minus carer’s allowance for your partner -£81.90
6)TOTAL ENTITLEMENT £296.65
I PERUSED THE FIGURES ABOVE AND THE NOTES OF THE GOVERNMENT SITE REGARDING ESA .
My first observation is about the extra money because of your partners age .
Why this is not at the level of the pension credit of £201.25 for a single person ?
And the second question is why no payments for severe disability and enhanced disability as the award was given to her for another 10 years.
When I read about eligibility of both of them it seems that enhanced disability premium should had been awarded..
From Government sites I read..
If you get income-related Employment and Support Allowance (ESA) you cannot get the disability premium, but you may still qualify for the severe and enhanced premiums.
Severe disability premium
You’ll get:
£76.40 a week for a single person
Enhanced disability premium
You’ll get:
• £19.55 a week for a single person
People on income-related Employment and Support Allowance (ESA (IR)) may be eligible for the Enhanced Disability Premium (EDP), the Severe Disability Premium (SDP), or both.
Enhanced Disability Premium
People on ESA (IR) can get EDP if they are in the Support Group or if they or their partner receive one of these benefits:
• the higher rate Care Component of Disability Living Allowance (DLA); or
• the enhanced rate of Personal Independence Payment (PIP) Daily Living Component; or
• Armed Forces Independent Payment (AFIP) It is only payable until the qualifying person reaches state pension age.
Severe Disability Premium
People on ESA (IR) can get SDP if they live alone, or are treated as living alone, where nobody receives Carer’s Allowance/Universal Credit Carer Element for looking after them, and they (and/or their partner) receive one of these benefits:
• the middle or higher rate of Disability Living Allowance (DLA) Care Component; or
• the standard or enhanced rate of Personal Independence Payment (PIP) Daily Living Component; or
• Armed Forces Independence Payment (AFIP)
From all those above my question is : Am I correct to ask to be paid the extra enhanced disability element to my wife and for how long back can I ask DWP retrospective payment??
What can I do about my pension?
Thank you for your time .Any advise is greatly appreciated .
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- Gordon
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1 month 2 weeks ago #288883 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA(IR) AND ENHANCED DISABILITY PREMIUM
p
The reason it is not at the rate for Pension Credit is two-fold;
- First, she is claiming ESA, not PC and
- Neither of you is eligible to claim Pension Credit
As to the Premiums, I agree the Enhanced Disability Premium is not included. This should be backdated to when she was first put in the SG or when she first received an Enhanced PIP Daily Living Allowance, whichever was first subject to her also qualifying for ESA(IR).
The EDP will appear as the Disability Income Guarantee on her Entitlement Letters.
The Severe Disability Premium is again two-fold
- You, from the figures you posted, appear to be claiming Carers Allowance against your wife's PIP claim, if this is the case then it prevents payment of the SD Premium.
- Even if the above is not the case, she is not living alone and cannot be considered as living alone because you do not have a relevant benefit yourself.
What I also don't see is any deduction of Notional Income as a result of your not taking your State Pension, which would be deductible from the ESA, however, I cannot state this for certain as it is extremely rare for us to see anybody in your circumstances.
Your State Pension is in your name and only your name, you should have been notified 3 months before you retired that you needed to claim it. Contact the Pension Service to make a late application.
Gordon
The reason it is not at the rate for Pension Credit is two-fold;
- First, she is claiming ESA, not PC and
- Neither of you is eligible to claim Pension Credit
As to the Premiums, I agree the Enhanced Disability Premium is not included. This should be backdated to when she was first put in the SG or when she first received an Enhanced PIP Daily Living Allowance, whichever was first subject to her also qualifying for ESA(IR).
The EDP will appear as the Disability Income Guarantee on her Entitlement Letters.
The Severe Disability Premium is again two-fold
- You, from the figures you posted, appear to be claiming Carers Allowance against your wife's PIP claim, if this is the case then it prevents payment of the SD Premium.
- Even if the above is not the case, she is not living alone and cannot be considered as living alone because you do not have a relevant benefit yourself.
What I also don't see is any deduction of Notional Income as a result of your not taking your State Pension, which would be deductible from the ESA, however, I cannot state this for certain as it is extremely rare for us to see anybody in your circumstances.
Your State Pension is in your name and only your name, you should have been notified 3 months before you retired that you needed to claim it. Contact the Pension Service to make a late application.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- pahatouridis
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1 month 1 week ago #288979 by pahatouridis
Replied by pahatouridis on topic ESA(IR) AND ENHANCED DISABILITY PREMIUM
Thank you Gordon
I would try to have her claim the enhanced disability premium which she should had receive backdated 7 years now .I assume that she should have to write to DWP or there is any specific address for cases like that in ESA (IR)? What will happen in case :
a)I separate from my wife ,live in a close by address and claim my Pension Credit (to which I should be myself entitled since 3 years ago) and Carer's allowance as a single person or
b) we continue living together and I claim my pension Credit and Carer's allowance for her as a couple .
In both cases a)or b) what will happen with her ESA(IR) it will have to be readjusted while continuing her ESA or She will be shifted to UC with less income that she should have receive under her ESA award since 8 years ago?
I would try to have her claim the enhanced disability premium which she should had receive backdated 7 years now .I assume that she should have to write to DWP or there is any specific address for cases like that in ESA (IR)? What will happen in case :
a)I separate from my wife ,live in a close by address and claim my Pension Credit (to which I should be myself entitled since 3 years ago) and Carer's allowance as a single person or
b) we continue living together and I claim my pension Credit and Carer's allowance for her as a couple .
In both cases a)or b) what will happen with her ESA(IR) it will have to be readjusted while continuing her ESA or She will be shifted to UC with less income that she should have receive under her ESA award since 8 years ago?
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- Gordon
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1 month 1 week ago #288997 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA(IR) AND ENHANCED DISABILITY PREMIUM
p
As a mixed-age couple, you cannot claim PC until your wife reaches State Retirement Age herself.
I cannot offer comment on your idea to separate in order for you to claim PC, however, as described it suggests an attempt to defraud the benefits system, you should not progress this without taking trained advice first.
In regard to the ED Premium, your wife needs to contact the DWP office dealing with her claim, the address will be on the latest letter she has received about her ESA. She can call the ESA hotline but would still follow it up with a letter.
Gordon
As a mixed-age couple, you cannot claim PC until your wife reaches State Retirement Age herself.
I cannot offer comment on your idea to separate in order for you to claim PC, however, as described it suggests an attempt to defraud the benefits system, you should not progress this without taking trained advice first.
In regard to the ED Premium, your wife needs to contact the DWP office dealing with her claim, the address will be on the latest letter she has received about her ESA. She can call the ESA hotline but would still follow it up with a letter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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