Contribution based ESA to Income Related to obtain the SDP

I wonder if anyone else has experienced this scenario. I have a client who is under the Court of Protection following an accident some time ago. She is in receipt of contribution-based ESA and in the Support Group, she also receives the Enhance rate for both DL and M for PIP. Her husband worked so had an income, but he recently passed away, leaving her a widow and now living alone.

We have therefore let JCP know of her change in circumstances and asked that they now allow her ESA to include the SDP and EP as nobody claims CA for looking after her, she lives alone and receives the relevant benefit.

Upon contacting JCP they initially advised that this would not be in the best interest of the client as it would mean converting her contribution-based ESA to income related ESA and they asked that we go away and think about whether we want this to happen – we are fully aware of that this would occur but the addition of these premiums means almost an additional £100 per week.

We have called JCP back to see if a different adviser gave a different response. The 2nd adviser informed us that we would need to complete an ESA3 form (we are aware of this) to change from contribution based to income related to allow the premiums to be added.

The adviser then confirmed that once the form had been returned it would be reviewed by a case manager who will then ascertain whether it is best to remain on ESA or switch to UC. We confirmed that under no circumstances was this a request to convert to UC and that we purely wanted to move from contribution based to income related purely for the premiums. The ESA adviser advised that the decision on whether our client will remain on ESA or move to UC will be down to the decision maker.

Can they actually do this?

We’re aware that moving her from CB ESA to IR will mean that at some point she will transition over to UC but we’re anticipating she’ll be covered by the transitional protection. 

We’ve done this for many clients in the past, we are aware of the process, but this is the first time we’ve ever heard that this scenario could be used to move a claimant over to UC.

Anyone else had this same experience?

Thanks in advance for your comments.

Sorry but you have been given a series of wrong answers by the staff you have spoken to.

If your client is on ‘old-style’ ESA, then their entitlement can consist of either contributory ESA, income-related ESA or both.

In a case where you are entitled to contributory ESA but you are also entitled to income-related ESA, it is not the case that you move from contributory to income-related ESA - you get both. You continue to get the cESA (which is generally set at a fixed rate) but you also receive a ‘top-up’ of irESA to take you to the relevant applicable amount for your circumstances including premiums.

There is a scenario in which your client receives ‘new-style’ rather than ‘old-style’ ESA. If your client is on new-style ESA, then it will be impossible to have irESA added into her award. But that will just mean that you are told it can’t be done - your client won’t be automatically transferred to UC.

The only way that anyone will ever end up on UC is if they actually make a claim for it. It is impossible for the DWP to just decide to move you over.

The correct approach in these cases is just to ask for an ESA3 and ignore whatever else the contact centre want to tell you.

Thanks so much for your reply Elliot - this is exactly what I thought it was. My understanding of old style ESA was that it can be made up of both so thank you for clarifying that for me.

They’re actually sending us out an ESA3 form, the adviser told my colleague that it’s once they receive this back they will make the decision whether to keep her on ESA or move her to UC. I can only assume they’re saying this to put people off claiming the additional premiums they’re entitled to.

Thanks again.