Part week payment

We have a client whose IRESA will end, as he will reach PC age - however this means that his ESA for that week will be a 5 day payment.

For that part payment the DWP have not paid the SDP and EDP, but have paid the LCWRA element, and when we spoke to them they said this is because premiums can only be paid for a full week and not for a part week?

I am sure that is not correct, but cannot source anything to show either way if premiums can or cannot be paid for a part week.

Any help appreciated.

Have had a look at the C&P Regs, which only indicate that to be paid at a daily rate i.e. 1/7 per each day not that restricted i.e. no premium, see 26C(4)

(4) The Secretary of State may, in any particular case or class of case, arrange that employment and support allowance be paid on any day of the week and where it is in payment to any person and the day on which it is payable is changed, it must be paid at a daily rate of 1/7th of the weekly rate in respect of any of the days for which payment would have been made but for that change.

https://www.legislation.gov.uk/uksi/1987/1968/regulation/26C

Any opinions welcome.

Hi - I’m no expert but I agree with you - the weekly rate is surely the total amount including any premiums and should be paid at the relevant rate - 5/7.

I got a bit confused by you saying they have paid the LCWRA element, but on reflection I think what you’re saying is that they included that from the start of the UC claim - not that it covered the last 5 days of ESA?? So in other words they have accepted that LCWRA is continuous.

Daphne,

Thank you - when I say LCWRA I mean ESA have paid the support component for the part week (sorry referred to element) which makes it all the stranger as they are saying we can pay the personal allowance and component for part week, but not the premiums

I will get back to them.

Thanks again.