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

Can an IS10 and ESA3 be completed when a client’s DLA is suspended for being in hospital for longer than 28 days?

iut044
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Welfare Benefits Adviser, West Lancs Disability Helpline, Skelmersdale

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I have a client who is receiving contribution-related ESA but no income-related ESA.  He would normally meet the criteria for the SDP but his DLA has been suspended, as he has been in hospital for longer than 28 days.

Can the client complete an IS10 and ESA3 whilst he is in hospital?

Thanks

Steve_h
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There is no entitlement to the SDP whilst DLA is suspended so the answer is no.

you will have to wait until they are discharged and DLA is back in payment.

What date id your client go into hospital?
Were they getting DLA prior to admission?
Did they qualify for SDP prior to admission?

iut044
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Steve_h - 07 August 2014 11:01 AM

There is no entitlement to the SDP whilst DLA is suspended so the answer is no.

you will have to wait until they are discharged and DLA is back in payment.

What date id your client go into hospital?
Were they getting DLA prior to admission?
Did they qualify for SDP prior to admission?

I don’t know what date the client went into hospital.  They were receiving DLA prior to admission.  They were not getting SDP prior to admission (however, they met the criteria).

Tom B (WRAMAS)
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ESA can be backdated up to 3 months. DLA payments are suspended after 28 days.

I would check to see whether he would qualify through the previous 3 months - if so, get an ESA3 in and then update with discharge date when known.

If he would not have qualified through the past 3 months then bung an ESA3 in on discharge from hospital.

Dan_Manville
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discussion of backdating is misplaced where there is already CESA in payment. It would be a revision or supersession; we don’t have enough information to decide which.

Which group they’re in and what the date of claim for ESA/DLA was would be useful.

iut044
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DManville - 07 August 2014 12:42 PM

discussion of backdating is misplaced where there is already CESA in payment. It would be a revision or supersession; we don’t have enough information to decide which.

Which group they’re in and what the date of claim for ESA/DLA was would be useful.

The client is in the support group, I don’t know the date of claims.

1964
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In which case, unless client has other income/capital, surely client should be receiving IR ESA top-up anyway due to the EDP, regardles of the SDP issue.

iut044
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1964 - 07 August 2014 06:02 PM

In which case, unless client has other income/capital, surely client should be receiving IR ESA top-up anyway due to the EDP, regardles of the SDP issue.

Good point.  He has no other income or capital.  However, I have not asked him about whether he is receiving the Incapacity Benefit transitional addition.

1964
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Which could explain it, but you know what they’re like for not picking up on the IR top-up entitlement on migration. Worth checking anyway.