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Top Incapacity related benefits topic #2894

Subject: "ESA and disability premium if on DLA" First topic | Last topic
glenys
                              

benefits and income adviser,, Places for People Homes, Yorks/Humber
Member since
14th Feb 2007

ESA and disability premium if on DLA
Thu 08-May-08 10:34 AM

Hi

Trying to get my head around ESA rates and entitlement to premiums.

I was wondering if anyone knew the answer to this.........

Where someone is in the 13 week assessment phase for ESA and getting DLA low rate care or mobility, will they be entitled to the disability premium either for Income Related ESA or Housing Benefit.

I'm rather assuming they are not - no disability premium if on ESA - am I right?

Many thanks

  

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Replies to this topic
RE: ESA and disability premium if on DLA, bensup, 08th May 2008, #1
RE: ESA and disability premium if on DLA, Ember, 08th May 2008, #2
RE: ESA and disability premium if on DLA, Steve Johnson, 16th May 2008, #3

bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: ESA and disability premium if on DLA
Thu 08-May-08 11:43 AM

Well i think you're right Glenys - that's how i read it too - no premiums or extra's in the 13 week assessment period.

Regards

Nicky

  

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Ember
                              

Benefit Adviser / Trainer, Welfare Benefits Unit, York
Member since
12th Sep 2007

RE: ESA and disability premium if on DLA
Thu 08-May-08 02:03 PM

Spot Glenys. The HB amended regs actually say anyone with or treated as having a limitited capability for work = entitlement to ESA = no dis. prem.

I'm sure we'll all get there in the end.
M

  

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Steve Johnson
                              

Manager, Walthamstow CAB
Member since
24th Oct 2005

RE: ESA and disability premium if on DLA
Fri 16-May-08 12:44 PM

For IRESA, it will be possible to claim all allowed premiums and housing costs, from the start of the claim, which will include the Assessment Phase.

The problem is that disability premium is not payable if you claim ESA, because the component paid in main phase is supposed to do the same job. You can't get disability premium in the assessment phase either.

Therefore. to get disability premium, you need to be able to make an alternative IS claim, and not go near ESA. Being on DLA is not an auto route to IS. Some lone parents, or carers etc, might be able to get IS and their disability premium. So far as I can see, disability premium is being strangled by shutting down access to it. This is done by closing the routes to claim IS as a sick person. Therefore, you need to claim IS on another basis to get disability premium - I think.

There is no disability premium in HB if the claimant gets any kind of ESA, including the contribution based version of ESA. Instead, the value of the main phase component is added to the HB appllcable amount.

I do hope I am right about all this...

Steve

  

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Top Incapacity related benefits topic #2894First topic | Last topic