Thu 14-Jan-10 12:28 PM by benefit_advisor

I’ve come across a potential consequence of the removal of the Disability Premium for people getting Income Based Employment and Support Allowance with reference to cold weather payments that treats such people unfavourably in comparison to other people.



My client used to claim IS as a single mother and got the DP as she received Disability Living Allowance (only low care and low mobility). After her daughter turned 12 she had option of job seeking or claiming Employment and Support Allowance (she never claimed IS on sickness grounds as well as on basis of being a single mother).



To get cold weather payment if you claim Employment and Support Allowance you must either be in the WRAG or Support Group or qualify for the SDP or enhanced DP.



This doesn’t apply to my client as she’s currently appealing finding that she is fit for work.



Now if she for example had another child that allowed her to claim IS she get cold weather payment (the Disability Living Allowance gives her DP and hence qualifies) or if she was getting Income Based Job Seekers Allowance she’d get the DP again and hence the payment.



But with her getting Employment and Support Allowance and Disability Living Allowance she currently won’t get anything. I cannot see any justification for the differing treatment between IS claimants, job seekers and Employment and Support Allowance claimants. I realise she’ll get it if wins appeal but it’s of no use for her now.



If the cold weather payment is intended to help pensioners, the sick and disabled and families then the current rules re Employment and Support Allowance and DP are excluding a category of claimants getting a means tested benefit from the cold weather payment.

It appears discriminatory and possibly our fine government never realised this would happen.



Would people agree with the above analysis?

Can anything be done to challenge this or is this an issue that should be brought to the Government's attention?