ESA during appeal and loss of Disability Premium

Morning all,

Quick question.  Clt currently in receipt of IB JSA and has just lodged appeal against failed ESA WCA.  She currently receives Disability Premium (£35) and Severe Disability Premium.  She has asked if she can now transfer back onto ESA assessment rate pending the tribunal.

I’ve checked CPAG and it seems to be saying that on IB ESA she would not be entitled to the Disability Premium, only Severe and so would lose out on £35 if she were to switch.  I imagine then in this circumstance that despite the additional conditionality she would be better off financially remaining on JSA until the outcome of the appeal.

Can someone confirm if I’ve got this right?

Thank you.

Alice SF - 06 March 2018 11:11 AM

Can someone confirm if I’ve got this right?

Thank you.

You’ve got this right. Client needs to decide whether the additional conditionality of JSA is worth £35 a week to them.

Thanks for your swift reply Dan.

So, a few more questions if anyone can help?

Clt went in for her appointment with her work coach last week and was told that there was note on the system to say that she must sign off JSA.  She contacted the DWP and despite mentioning that she was at appeal stage for ESA, she was told by the officer on the phone that she could not get ESA assessment rate as she is now in a full UC area and that she must apply for UC.  She has done that and this morning had an interview with her work coach for claimant commitment and evidence.

So clt has been misadvised twice by the JCP and faces a loss of £95 per week from her benefits as she will lose both the disability premium and severe disability premium.  I have read Martin Williams article in February’s welfare rights bulletin about withdrawing a claim for UC but of course there is the caveat to proceed with caution as DWP etc may not accept our arguments.  She could essentially be caught in no man’s land where she cannot move forward but cannot go back onto legacy benefits.

I have spoken to our local DWP liaison manager who is looking into things for me, but I am of the impression that we may just have to proceed with the UC and submit a formal complaint.

Can any of you advise or suggest the best route for my client to get back to JSA pending outcome of the ESA appeal?

I’ve just spotted this; she should be able to receive ESA; getting ESA during the appeal process does not involve making a new claim and it is a new claim for ESA that is precluded once an area goes over to UCFS.