Is ESA process a threat to an existing DLA award?

My wife (who suffers with MS) is about to apply for ESA since losing her job through ill health a few months ago. She has been receiving DLA (MRC and HRM) for four years. She is concerned that the medical checks and tests involved in the ESA application may be automatically cross referred to her original DLA claim and a reason may be found (perhaps the bar for qualification has been raised etc)for reducing or cancelling her DLA. Is this concern realistic? Can anyone help?

Tony

Hi Tony, I am not an adviser but i know the ESA is a different benefit from DLA. In DLA the illness or disability comes second, It is an allowance to help with extra costs etc that you incurr through your disability. Whilst the ESA is a benefit to assess your ability to perform work related tasks etc. Whilst ther has been cases in the past of the two benefits being used by the DWP by cross reference to the reports, from what i have read they should not automatically lead to a loss of the DLA awards, Because like i said they are two dirrent benefis and have different criteria . There is more detailed info in the members section about this hope that helps. Best wishes

Hi Tony,

Your wife applying for ESA should have no effect on her current award of DLA.

ESA is paid to people unable to work due to ill-health/disability whilst DLA is paid for those with care and/or mobility needs, who can or cannot work.

I've had MS since 1986, and was on Incapacity Benefit for many years until I retired and am in receipt of DLA.

There is lots of 'scaremongering' about ESA at the moment, but as your wife has MS which is an incurable disease of the central nervous system, she should have no problem with her ESA claim.

Best wishes.

Jim

Many thanks to Jeff and Jim. Much appreciate the guidance.
Tony

Hey Tony

I too suffer from MS and had a real battle getting it. After being initially turned down I was put into the support group.

At the tribunal I introduced a letter from CAB into the evidence stating that I received the same DLA rates as your wife. As soon as the tribunal found this out he was extremely shocked as the HRM should have automatically qualified for me ESA as receiving HRM meets the criteria for getting ESA. He then said that this would considerably shorten proceedings and asked me a few questions, put me into the support group saying that he couldn't believe that I wasn't awarded ESA.

What I am saying is she should qualify for it BUT be prepared for it to go tribunal as I appealed it before it went to tribunal on these grounds and got nowhere. On the other hand though she may qualify for it after the medical anyway . HTH

Andy