My client was awarded middle rate care and this was backdated for 1year.
I completed ESA10 requesting SDP, I have just been advised that as ESA (cont) in payment SD not awarded. This leaves her with less of an applicable amount. Have I missed something

Check with your local DBC to confirm ESA contribution based. They will probably require another claim for ESA income related to be made so they can add a SDP.

Thanks Quinn

I have faxed the BDC....

Hi

I've had that problem with ESA office also
- they considered that a separate claims are needed for CB and IR ESA
I believe this to be incorrect, I checked the legislation and found that there was nothing indicating that CB and IR must be claimed separately.

I believe that the correct approach would be for them to supercede the award and add IR entitlement to the CB entitlement from the date that DLA is awarded and SDP entitlement should start.

my solution was to submit a claim for (IR)ESA and ask for it to be backdated 12 months, in the knowlegde that they would only permit 3 months, then I planned to appeal the refusal of 12 months backdating, in order to get some clarification on the law.

At the same time I wrote to the manager of the benefit delivery centre and explained that I thought that they should supercede the existing award, and that I had lodged the new claim only in order to expedite the supersession.

fortunately for my client, they superceded the award and added IR to CB from the earlier date

good luck!
Jim Cook

Totally agree with the above. ESA (like it has been said in the past for JSA and DLA) is one benefit with 2 components. Another way would to apply for supersession under regs 6(2)(e) and 7(7) of the D&A Regs. A refusal to supersede is “supersession at the same rate” and, unlike a refusal to revise, carries full appeal rights.

“Relevant Benefit” for the purposes of the D&A Regs means, among other things, “an Employment and Support Allowance” (section 8(3) of the Social Security Act 1998).

Thanks for the help.
I will let you know the outcome.

Steph, It would be useful to be updated as to the outcome. Currently I have a client who applied for and was awarded cb ESA.

From the questions asked /answered it seems clear the call-centre took income related details at the same time. Now client has been awarded CA (underlying) and our local BDC are issuing a 'rapid re-claim' type form for ESA ir.

In this instance I cannot see how DWP could attach premiums unless my client indicates there has been change of circs and informs them via whatever form they’re sending out. I do not forsee a problem with b/d of premiums.

The fact there is cb versus ir means that unless the call-centre takes every ESA claim as cb AND ir, which mean invariably some claimants giving financial details when there’s no chance of ir ESA.

I had to complete a new claim for ESA (IB) requesting that the claim be backdated, I will keep you informd of the outcome.