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ESA EDP addition
Just fishing for some thoughts.
I have a client who was in receipt of £105 a week IB and was transferred to ESA and placed in support group 2 years ago. His money went up to the £106 rate at the time and the client thought that was it.
I saw him in April 2014 and discovered that his Enhanced disability premium had not been added, so we ordered an ESA3 to get the £15 a week premium, and requested a backdate of the extra premium from when put in SG.
I know there is no real time limit for premiums, although 3 months tends to be the way regarding new claims.
The DWP have said that his ESA3 is being treat as a new IRESA top up, and as its a new claim they can only backdate 3 months, and they arent even prepared to do that, claiming its the clients own fault for not applying for the extra money at the time.
How many IB claimants are expected to know that the EDP even exists??
Do i have a case here for saying that the DWP should have posted him an ESA3 when he was placed into the SG of ESA?
I think its a disgrace! No change there then. Thoughts??
We’ve had quite a few similar threads about this issue. In summary, ESA is one benefit (whether CB or IR) and not two (as it was in the old IB/IS days).
Re your example, see the ESA DM guide (I believe the relevant bit is chapter 45 sections 45413/4). The client’s potential entitlement to IR ESA should have been identified at the time client was placed in SG.
I had quite a few battles with them re clients in similar positions who had migrated from IB to ESA. It doesn’t seem to happen so often now as it did in the early days but it still rears its head from time to time.
Thank you so much for the reply 1964.
Can anyone give me a link to the ESA DM guidance mentioned?
Im about to get the violins out and state we are a lowly skint first tier advice provider without the funds for all those there fancy books!
All sympathy (and the link) gratefully received.
The Decision Maker’s Guide is linked on here in “Toolkit”
The one you want is here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/297543/dmgch45.pdf
All of the volumes can be found here
https://www.gov.uk/government/collections/decision-makers-guide-staff-guide