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Top Disability related benefits topic #7356

Subject: "ESA and Lone Parents" First topic | Last topic
eagaclarke
                              

Welfare Benefits caseworker, EAGA PLC Newcastle upon Tyne
Member since
22nd Sep 2009

ESA and Lone Parents
Wed 25-Nov-09 02:43 PM

Hi,

I am sure i have read somewhere that if you are a lone parent who has been claiming IS with a DP, and your entitlement to IS ends because of your childs age, when you move on to ESA, you automatically have the WRAG componenet added to your award, because if you simply got £64.30 per week, you would be £25.00 out of pocket. Does anybody know where i can find information about this? i have searched everywhere i can think of but cannot find anything to confirm that this is the case.

  

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Replies to this topic
RE: ESA and Lone Parents, darlocab, 25th Nov 2009, #1
RE: ESA and Lone Parents, Jane80, 26th Nov 2009, #2
      RE: ESA and Lone Parents, MGS, 27th Nov 2009, #3

darlocab
                              

welfare benefits, darlington citizens advice bureau
Member since
03rd Mar 2009

RE: ESA and Lone Parents
Wed 25-Nov-09 03:16 PM

If a client is receiving IS with DP and is a lone parent, that client will remain entitled to IS through ill health when entitlement as lone parent ends - if they provide proof of incapacity ie sick note that relates to a date before IS stopped - claim for ESA should be treated as ICB claim. See DMG 30/09 spelling it out for DM's .

  

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Jane80
                              

Welfare Rights Officer, Notts County Council
Member since
27th Mar 2008

RE: ESA and Lone Parents
Thu 26-Nov-09 10:56 AM

Yes that is the case for lone parents - It's reg 7(c) of the ESA regs.

But as darlocab says they are probably better off just staying on IS as per DMG 30/09

  

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MGS
                              

CLA Caseworker, F.Inst.L.Ex, eagaPLC, Newcastle upon Tyne
Member since
20th Nov 2009

RE: ESA and Lone Parents
Fri 27-Nov-09 04:02 PM

My understanding is that if a claimant is getting IS with a DP then it should not matter what age the child is as they are being paid on the basis that they are incapable of work and not for child care responsibility. IS should therefore continue unaffected.

If the claimant is getting IS on the basis of the child and the child reaches 10 I see no reason why they cannot continue to get IS via another route. In this case on the grounds of Incap provided they show evidence eg. a medical certificate.

This is because IS is paid if you fit into certain groups and you may be in more than one group. The claim comes to an end if you no longer fit into any of the groups, it does not simply come to an end if you stop being in the group for which you claimed and the DM should consider if you qualify by another route before closing the claim.

  

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Top Disability related benefits topic #7356First topic | Last topic