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rate of main phase esa for new claims under 25?
conflicting infomation everywhere - can anyone give me a definitive answer
Thanks
As far as I can see they’ll be stuck at £57.90 even once they’re in the work-related activity group. Reg 2(4) of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 amends Schedule 4 to the ESA Regs(2008). (And reg 3(4) makes a similar amendment to reg 62 ESA(2013) regs.)
same view here too - http://www.rightsnet.org.uk/forums/viewthread/10798/P15/#50610
update to our rates poster coming up ... watch that space ...
Curiously (though I wouldn’t necessarily put much store by it) ADM Memo 8/17 offers this example.
Note 2:
Example
Cindy, who is 23, claims and is entitled to ESA from 21.4.17 at the assessment phase rate for claimants aged under 25. Following application of the WCA, Cindy is found to have LCW and is placed in the WRAG. Cindy’s award of ESA is superseded to increase the applicable amount to the main phase rate from 28.7.17. The WRAC is not included.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606402/adm8-17.pdf
From DRUK:
What was hidden in the run-up to the issuing of the new regulations is an effective reduction of around 55% a week in the amount currently awarded to certain under 25 claimants of ESA and UC.
Have emailed stakeholders forum for clarification as to what is policy intention is (I’m sure the DWP will be very clear about that!!) and whether they intend to amend regulations/guidance…
Whilst we wait to hear back from the DWP, we’ve updated our rates poster to reflect what would seem to be the current situation ..
http://www.rightsnet.org.uk/resources/benefit-tax-credit-rates
Amended regulations SI.No.581/2017 issued today clarify that main phase ESA for under 25s will be at higher rate in post 3 April cases where no work-related activity component is payable.
The explanatory memorandum says the amendments -
‘ensure that Employment and Support Allowance (ESA) claimants, including those that also claim Housing Benefit (HB), under the age of 25 receive the higher over-25 rate of benefit, as intended once they have undergone a work capability assessment and entered main phase ESA’
Have updated our rates poster again (or rather, reverted back to what we originally had!)
http://www.rightsnet.org.uk/resources/benefit-tax-credit-rates
Daphne, Tim, Jon et al - I hope you are all sending your bill for your legal advice to DWP regarding their erroneous drafting of the regulation!
Is there a ‘your a bunch on plonkers’ emoji?
Apparently the Minister has accepted that the original regs ‘could be read with some ambiguity’!!
https://www.disabilityrightsuk.org/news/2017/april/dr-uk-lobbying-stops-55-week-esa-cut-under-25s