Contradiction in DLA and ESA awards.

Hi, this is my first post, so please bear with me, will try to be as clear as I can, would appreciate any advice as to what steps to take next.
Received my renewal of DLA, (high rate for mobility, lower for care) successfully, but the reply I had from ESA using exact same criteria, has got me in WRAG. On studying the ESA descriptors, points 1 (i) and 1 (ii) state that if you fall into the stated category of mobility, (not their actual words, but using them for brevity), you automatically qualify for the Support group.
My point is that I have been awarded DLA because of my mobility problems which need the same descriptor as used for ESA Support group, but disregarded for the latter.
Any suggestions gratefully received. Thanks in anticipation.

Bertiesmum wrote:

Hi, this is my first post, so please bear with me, will try to be as clear as I can, would appreciate any advice as to what steps to take next.
Received my renewal of DLA, (high rate for mobility, lower for care) successfully, but the reply I had from ESA using exact same criteria, has got me in WRAG. On studying the ESA descriptors, points 1 (i) and 1 (ii) state that if you fall into the stated category of mobility, (not their actual words, but using them for brevity), you automatically qualify for the Support group.
My point is that I have been awarded DLA because of my mobility problems which need the same descriptor as used for ESA Support group, but disregarded for the latter.
Any suggestions gratefully received. Thanks in anticipation.

Hi,

DLA is awarded based on your actual care and/or mobility needs. It is a benefit that can be paid to those who cannot work and those who maybe able to (and actually do) work. It is based on needs not work capability.

ESA is paid because one cannot work. It is 'scored' in a different way to DLA, in that for ESA one needs to meet certain descriptors to score 'points' to enable access to the WRAG and then the Support Group Descriptors verified to see if one would further qualify for the Support Group. It is not a 'needs based' assessment unlike DLA thus descriptors although sounding similar on paper can have a differing interpretation.

Thus your DLA award is not because of your mobility problems but your actual mobility needs.

There is no requirement for 'needs' to be demonstrated for an ESA award, only that one meets the relevant descriptor within the interpretation of the regulations.

Whilst there maybe a degree of overlap between the two benefits they are essentially paid for differing reasons as I have described above.

If you are within one month of the ESA decision date you do have the right of appeal to try to be placed into the Support Group if you feel you meet a Support Group Descriptor.
. See ESA Claims and Appeals

and the FAQ's

How to submit an appeal

Pete