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

Too many calculations…help needed

Redscooby
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Welfare Benefits at Mary Ward Legal Centre, London

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I am going around in circles and all because of an online benefit calculator (Lisson Grove) compared to my own calcs the old fashioned way…

The scenario is a better off calc for a couple.  Husband is currently the main claimant and they receive as a couple £187.90 ESA(CB) including a TP of £79.75 pwk.  Husband receives DLA (MRC & HRM), is in the support group and the wife is his carer and she herself receives DLA MRC & LRM.  (SDP at one rate should be awarded as both receive MRC and only one is a carer - have requested form from ESA - would the TP stay the same??  This is what confuses me…).

As wife is a carer she could become the main claimant instead - my question is would the husband’s ESA (CB) be £108.15 (no TP?) and therefore they would be better off - applicable amount for income support would be Couple rate, disabled prem couple, carers prem, SDP & enhanced dis prem = £276.75 before ESA (CB) & CA is taken off. 

Or, would staying on ESA (CB) be more?  Again would the TP be the same if the SDP is awarded as this was not included when the claim was migrated over from Income Support (and his ICB)??

Would ESA then change from CB to IR due to SDP? 

Late in the day and my brain is not working to full capacity :)

bigbill
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Dumfries Welfare Rights

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Stay on ESA with him as her carer underlying to gain the extra CP, she could consider give up Carers to allow the other SDP.

There would be no EDP in IS.

Redscooby
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Why would there be no EDP as one of the couple receives ESA (SGC)?  As this is ESA (CB) it would be taken into account as income for Income Support…

Redscooby
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One other question - when I do the online calcs for ESA for the couple (the husband being the main claimant) why is the SDP not included?  It is for a joint claim for Income Support with the wife being the main claimant?

Sorry if its really obvious but I can’t see why…

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Redscooby - 03 March 2015 09:27 AM

Why would there be no EDP as one of the couple receives ESA (SGC)?  As this is ESA (CB) it would be taken into account as income for Income Support…

Support Group only triggers EDP in ESA, not IS; they’d need a high care award to get it on IS

Tom H
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Newcastle Welfare Rights Service

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Redscooby - 03 March 2015 09:27 AM

Why would there be no EDP as one of the couple receives ESA (SGC)?  As this is ESA (CB) it would be taken into account as income for Income Support…

The ESA(CB) would be taken into account as income for IS but they’d have a couple DP to reflect that.  The support group produces an EDP in the ESA applicable amount but not in the IS applicable amount because the law says so (see the relevant schedules in IS and ESA).  I agree that they’d be better off on ESA.  The ESA (CB) including the transitional amount is counted as income for IS and ESA. 

They’re better off on ESA despite the fact that the DP is £9.65 more than the support component.  That’s because the couple EDP is £22.35.  So, 22.35 - 9.65 = 12.70 p/w better off on ESA.

Irrespective of whether she gives up her CA to allow him a SDP in his ir-ESA applicable amount, he’s potentially missing out on a CP which wouldn’t lose wife her SDP as his CA is underlying due ESA (CB).

Redscooby
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Thank you everyone!

Redscooby
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Welfare Benefits at Mary Ward Legal Centre, London

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Sorry Tom but could you explain why the SDP is included for Income Support but not for ESA(IR)?

Tim Blackwell
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Developer - Lisson Grove Benefits Program

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Hi RedScooby,

It looks like there’s a problem in LGBP for some combinations of couples claiming ESA(IR) where the non-claiming partner qualifies for the SDP but the claiming partner can’t get SDP because of CA paid to carer.

If you phone/email us tomorrow (Wednesday) we’ll sort out an update.

Apologies,

Tim.

Redscooby
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Thanks Tim, I tried so many different combinations and couldn’t find any reason.  What is your email?

Daphne
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Redscooby - if you click on ‘send message’ below Tim’s name you can direct message him via rightsnet :) You will get an email alerting you when he replies and it will also show that you have a message waiting in the top bar.