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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Transitional Addition and Hospitalisation

NeverSayNo
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Welfare rights department - Northumberland County Council

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Total Posts: 195

Joined: 21 December 2011

Have scouted around in CPAG book, legislation and on here and dont seem to be able to find an answer.

Have a query about a client who is long-term hospital patient. Was on ICB which was paid at a higher rate than CBESA in SG that he became entitled to on conversion just over 1yr ago.

His ESA with TA was paid at same rate as his old ICB but just before Christmas the ESA was reduced to just the basic rate ie no SG and no TA.

I can see that for a claimant who only ever has been on ESA, after 52 weeks in hospital the SG would end. But I cannot find out or understand why the TA would also stop for my client in this circumstance.

Any enlightenment welcome and gratefully received.

Tom H
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Newcastle Welfare Rights Service

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Joined: 23 June 2010

I think the TA(c) should continue in payment.  Para 13 of Sch5 to the ESA Regs provides that a single claimant who has been a patient for a continuous period of more than 52 weeks will receive the normal prescribed amount as determined by Reg 67(2) which, as we know, is £72.40 p/w as provided in para 1(1) of Sch4 of the same Regs.

Para 12(b) of Sch2 to these 2010 Regs amends Reg 67(2) above to include the amount of the TA(c).  Consequently, the patient gets the £72.40 + the TA(c).

If he’d been getting a TC(ir) either instead of or in addition to the TA(c) then that TA(ir) would also continue despite 52 weeks as a patient.  That’s because para 16 of Sch2 to the above 2010 Regs amends para13 of Sch5 mentioned above so as to include the TA(ir) [the Blue Volumes reference in said para 16 to para 52(a) is actually a reference to para 12(a) of Sch2 - para52(a) having been re-numbered 12(a)]

[ Edited: 26 Feb 2015 at 08:05 pm by Tom H ]
NeverSayNo
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Welfare rights department - Northumberland County Council

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Total Posts: 195

Joined: 21 December 2011

Just what I wanted to hear, many thanks Tom!