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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA & SDP/EP

J.Mckendrick
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Welfare Benefits Team - Phoenix & Norcas

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Again probably addressed before (but can’t find it). Client is in receipt of CB ESA and placed in the support group. Client still receives MRC of DLA. It is my belief that client is firstly entitled to a SDP and that providing client resides alone with no saving he would be entitles to a SDP paid via a payment of IB ESA payment. DWP on Friday told me that client was not entitled to a SDP as he was on CB ESA. Is this correct or am I being fobbed off.

I believe he is not entitled to a disability premium when on ESA but would be if claiming JSA. Please can someone confirm the SDP entitlement query.

Elliot Kent
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C ESA will generally only consist of a personal allowance and a component. There are no premiums.

IR ESA will be calculated with your client’s personal allowance, a component and any applicable premiums. In your client’s case the SDP and EDP would appear to apply.

Assuming your client has no other income and minimal savings, he would likely qualify for IR ESA which would top him up to his applicable amount. If this is the case, he should ask to be reassessed for IR ESA.

He won’t get the DP on IR ESA but Support Component + EDP is more than the DP.

 

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Yes, CB ESA can not include premiums, but that is missing the point - it sounds like he has not been assessed for income-related ESA at all. Needs to get an ESA3 issued, and perhaps an IS10, and have any missing income-related top-up paid. This could be, say, SDP back to start of the ESA award (assuming MRC DLA throughout and no one receiving CA), and enhanced disability premium back to effective date of Support Group decision.

I believe he is not entitled to a disability premium when on ESA but would be if claiming JSA.

Yes, but now that he has Support Group element (plus EDP?), that would generally be much more attractive than forgoing those extra amounts and switching to JSA for the disability premium - both financially, and in terms of actions required to avoid a sanction.

edit: or just see Elliot’s post :)

J.Mckendrick
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Many thanks for your reply. Several years ago when I attended an ESA training day regards ESA they explained that a client could be in a position when they receive both CB and IB ESA at the same time eg when client is in receipt of CB ESA with a SDP paid as IB ESA due to being on DLA MRC. Client is not on UC yet so are you saying that client is not entitled to a SDP when receiving CB ESA.

Elliot Kent
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J.Mckendrick - 19 June 2017 09:08 PM

so are you saying that client is not entitled to a SDP when receiving CB ESA.

No, you can get both.

If your client has no other income,. his award might look like this:

C ESA of £109.65 (PA + SC)

IR ESA of £78.35 (PA+SC+SDP+EDP = £188 minus C ESA)

So your client gets a total of £188 which is his applicable amount for IR ESA but that is made up of a bit of both. If he wins the lottery, he would continue to get the C ESA but would lose the IR ESA.