new income related esa claim

my client was on incapacity benefit, transferred to esa , h asnever paid any NI contributions, long term sick/disabled form birth,
the question is can she clain m income related esa, she has now got PIP and was hoping for a severe disability premium if possible

Hi Diogenes,

If they are receiving old-style ESA, then there is nothing I am aware of that stops an ESA review to re-assess SDP entitlement in light of their disability benefit award. I would just help the client complete an IS10 form and await the DWP decision.

This was originally a much longer answer but it was just benefit gymnastics trying to consider all alternative situations but that doesn’t answer your question.

Good luck

Chris

If the client is on old style contribution-based ESA only, they will need to complete form ESA 3.

Hi, I am wondering if your client may have been entitled to IR ESA anyway, i.e. before the SDP entitlement arose? Perhaps through being entitled to the enhanced disability premium (EDP). There was a fairly large scale project carried out by the DWP in 2017 where they identified tens of thousands of people who had moved from IB onto CB (old style) ESA & were not re-assessed for income at the time, and should have received the EDP as IR ESA, so a lot of arrears’ were paid… As i don’t know the full details of your client’s circumstances this may not apply to them if there was other income, savings or capital, etc, but thought it was worth throwing my two pennie’s worth in! If they were then I think an ESA3 form would need to be completed & then the IS10 form for the SDP (appreciate this has already been suggested).

Good luck!