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

Appeal rate ESA and premiums

SamW
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Lambeth Every Pound Counts

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Quick question…

Client has failed WCA and gone onto JSA whilst waiting to lodge his appeal. Is receiving Disability Premium and Severe Disability Premium in his JSA award.

Appeal is now with the Tribunal Service and DWP have it on their system. So I was looking at client going onto appeal rate ESA. However both ESA and JSA advice lines are saying client will lose all his premiums and receive the Personal Allowance only.

Is this correct? My understanding was that you would lose the Disability Premium (as it cannot be paid in an ESA claim) but not the SDP.

Client says that Jobcentre is being very understanding with him but I’m a little cautious that they may have him on a 13 week temp sickness period and that they could suddenly become much more demanding when this expires.

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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SDP is payable on ESA as is it is on JSA.

I’d say it is up to your client which benefit they wish to claim.

Financially they’re better off on JSA due to the DP and NI Credits.

CHAC Adviser
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Caseworker - CHAC, Middlesbrough

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SamW - 24 October 2017 02:30 PM

Is this correct? My understanding was that you would lose the Disability Premium (as it cannot be paid in an ESA claim) but not the SDP.

Your understanding is the same as mine.

I also had a client with a similar issue. Was on JSA during their MR with SDP and DP in pay I advised them that they had the choice whilst waiting for the appeal to either go back onto ESA or stick with JSA they opted for ESA even though it was less money as they weren’t happy signing on. Client comes back in to see me a few weeks later complaining that their ESA is much less than I said it would be and sure enough no SDP in pay. Phone call and an argument later (DWP: “You only get the personal allowance no components whilst appealing” Me: “Yes I know that I don’t want the component paying I want a premium paying”) they eventually agreed and added SDP (backdated to when the ESA was put back into pay from JSA).

 

 

SamW
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Thanks both, will advise client accordingly!