I've been asked about a situation where someone on contributory ESA and DLA care claims HB. They are in the assessment phase of ESA.

Under the old system they would have got the disability premium in working out their HB, but under the new system they do not appear get this or an ESA component.

Is this right? If so has anyone made a fuss about it?

I think they still get the disability premium in HB/CTB based on the DLA.

If on ESA the claimant cannot get the disability premium - they will be entitled to the support or work related component with their app amount for HB, "if they pass the ESA assessment" -

DP was removed for ESA and affects HB

Sorry forgot to mention

If part of a couple, then if the partner is not on ESA but gets DLA and is the HB claiment, then the DP at couple rate will apply.

So therefore the one not on ESA should be the HB claiment if they receive DLA