Permanent Health Insurance not ‘permanent’

I just wondered if anyone had any success in arguing that income from a PHI type policy (a group income protection plan provided by the employer, with no contributions from the employee) can be disregarded as income for NS ESA as it is not permanent? In this case it has a fixed end date of 5 years. Any experience or caselaw would be appreciated.

Also, am I right in thinking that the distinction between current and former employees in the 2008 regs does not apply to NS ESA, only CB ESA, as it is not in the 2013 regs -72(2)?

Thanks.

I was off sick long term a couple of years ago and received PHI and NS ESA with no issue. I did declare it to DWP. The form they sent me asking about it just asked if I had made contributions to the insurance, which I hadn’t.

BCD - 26 September 2023 02:25 PM

Also, am I right in thinking that the distinction between current and former employees in the 2008 regs does not apply to NS ESA, only CB ESA, as it is not in the 2013 regs -72(2)?

Thanks.

It’s worth noting that the 2013 regs gather some definitions into reg 2. PHI still counts against ex-employees only.

Thank you both, very helpful