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

New Style ESA and SDP

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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I am sure I am missing something obvious here but if anyone can illuminate me, that would be appreciated.

Bascially, I’ve come across this on Gov.uk Types of ESA following an enquiry from one of our advisers and it’s got me puzzled:

Contribution-based ESA

You can only apply for contribution-based ESA if you have an illness or disability that affects your ability to work, and you either:

* get the severe disability premium, or are entitled to it
*got or were entitled to the severe disability premium within the last month and are still eligible for it

Same info in CPAG p.645 - I realise this is the SDP gateway but I can’t see why? That only seems to be about UC, so what is the link with new-style ESA claims also not being accepted?

Please help. Many thanks.

 

Andrew Dutton
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I think it’s because as the claimant is excluded from UC they are also excluded from schemes that come with UC, e.g. new style ESA - the SDP gateway claim is for IRESA and old-style CESA.

DWP could always try to be clearer….naaaahhh, sorry.

Ianb
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If they apply for contribution based ESA they are eligible for income based ESA assessment (as it is one benefit) and if they have SDP in HB they will clearly also be eligible for SDP in the income based ESA calculation. If they are getting some HB it would seem likely that there would be some income based ESA entitlement.

Paul_Treloar_AgeUK
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The wife is already claiming ir-ESA, he wants to claim c-ESA so that he can then claim CA for looking after her and establish underlying entitlement and get carer’s premium added to his wife’s claim. Can’‘t see why he can’t (he’s been working previously for years and only recently came off SSP). Just wasn’t sure why he needs to claim old style ESA is all.

Paul_Treloar_AgeUK
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Although now I’m worried about the statement about him having worked for years and her claiming ir-ESA.

Tom Messere
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It is not just because Ns-ESA has guilty associations with UC , Paul, and that they have been spotted by Andrew, walking hand in hand 😊

It is because New-style ESA - another DWP invention along with “contribution-based ESA” - is just a very cross version of Contributory ESA following an irreconcilable breakdown in its former relationship with Income-related ESA. The point being that not only can you never have them in the same claim together, but that a claim for New-style ESA claim actually closes off Income-related ESA forever and a day. ina a final “you are dead to me” sort of way. A similar story with its twin New-style JSA…

So having rescued your clients from the wicked intentions of UC,  Superhero SDP Gateway needs your client to hang on to their Income-related ESA . Others may need to start receiving it if they are eg switching to ESA - from JSA / IS (with SDPs) or tax credits (with SDPs in HB). And that best done by avoiding sulky Ns-ESA. So people need to go see granfer/bampy “old style” Contributory ESA to retain or start their happier relationship with Nana Income-related ESA 😊

Hence the SDP gateway do say: Keep off the UC! Do not approach, Ns -ESA! for otherwise “implementing the Court decision” - the DWP standard term for “stopping this bit of unlawful disability discrimination” - could be tricky ...

Btw the horror of Ns ESA for legacy benefits is not total, and it can still manage polite co-existence with ongoing tax credit and HB claims. Just don’t say the words “income-related” within its hearing for it do love UC bestest 😊