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SDA to ESA (and PC)
My client moved from IS to PC at the end of 2015 but continued to receive his SDA for a little while. The DWP now wants to assess him for ESA to take him off SDA.
As the amount of SDA that he receives is deducted from his PC payment, I can’t see the point of assessing him for ESA. He gets the severe disability addition in his PC due to his DLA claim, so if he stops getting SDA or ESA he won’t lose any income because his PC will just increase to compensate?
I’m wondering if he should let the ESA invitation lapse and just get PC - he’ll get all the means-tested ‘perks’ via his GPC, won’t he? I can’t see any advantages of him moving to ESA - and he can’t refuse to move from SDA to ESA…
Any thoughts?
Not sure about yours geep but I have something fairly similar with a client currently on ESA but about to hit State Retirement Pension Age on 12/2/16. He has been sent an ESA50 to be returned by 11/2/16. Seems like a pointless process to me but wonder if it is Maximus trying to maximise its payments, squeezing one last fee out of the tax payer before that client is lost to it forever. I don’t know how the payment structure works but it wouldn’t surprise me if this was the sole reason in my client’s case.
Shamelessly bumping this up as I still can’t see any advantage to my client going through the SDA-ESA process when he could just get PC instead (with his DLA claim getting him the severe disability addition in the PC)?
Any takers?!
In this thread http://www.rightsnet.org.uk/forums/viewthread/9203/
there was a bit of discussion about when ir-ESA might be more advantageous than PC, it would seem to be fairly unusual (some RTR cases .. where 6 months backdating is relevant ... large mortgage costs in some very limited circs).
There is a theoretical risk that someone choosing not to go for c-ESA could result in the pension service deciding they have notional income for PC, but that seems very unlikely.
A WCA determination might trigger a PIP invite, which could be bad news. That said, I don’t know which is more likely to cause this to happen, between someone actually being assessed for ESA and possibly being found fit for work; or someone failing to take part (“You chose not to attend your ESA medical, therefore you may have had an improvement in your condition, therefore we will bring forward your DLA reassessment, therefore you will have to claim PIP..”..?).
Mmmm, good points.
Whichever option he chooses he’ll end up having to do more assessments, either the WCA now, or, eventually PIP (I think he’ll be able to claim PIP when his DLA ends despite his age but I’ll need to double check that).
I’m seeing him this week so I’ll discuss with him and see what he says.
Thanks for the input.
Client has decided that he wants to go ahead with the ESA process when they stop his SDA. His ESA will be contributory, right? If the assessment phase applies to him before the WCA, will his pension credit increase to compensate or will his income be lower until after the WCA?
As he’s already getting PC, once he has been awarded ESA, will he just get the personal allowance and WRAG/SG component from his CB-ESA and then the rest of his means-tested income from his PC, or will he get IR-ESA as well and then have a top-up of PC (he’s on middle care DLA so his applicable amount should be £213.05.
Unless I’m missing something, there shouldn’t be an assessment phase award if this is a conversion right? He’ll just get SDA up till a decision and then either an award with a component or nothing.
An entitlement to pension credit rules out any award of irESA (s6(c) WRA 2007) so your man should just get cbESA if converted.
Unless I’m missing something, there shouldn’t be an assessment phase award if this is a conversion right? He’ll just get SDA up till a decision and then either an award with a component or nothing.
An entitlement to pension credit rules out any award of irESA (s6(c) WRA 2007) so your man should just get cbESA if converted.
Many thanks. I’ve worked with quite a few clients who receive SDA but this is the first one whose actually been converted to ESA, so I didn’t know how the process works.
I still think it’s daft going through this process when he would get the same amount from PC without having to meet any health criteria. But it’s the client’s decision and he wants to claim ESA :)
Many thanks. I’ve worked with quite a few clients who receive SDA but this is the first one whose actually been converted to ESA, so I didn’t know how the process works.
It’s the same as an IB conversion; I don’t think there’s any difference at all.