Would really appreciate clarification on this -
Client has been claiming irESA with SDP and HB for some time - capital went in to excess of £16k in Oct 2018 and ESA was disallowed; HB last paid in Feb 2019. Current award set at nil and DWP state they’re advised HB ceased on 13/04/2019.
Client sent a letter to DWP on 07/05/2019 advising that capital dropped; he supplied bank statements and requested reinstatement of his ESA claim however this never happened. This request was via letter and no form was completed, however claim is open for credits and an ESA50 was completed in June 2019.
Client called DWP on 07/08/2019 to chase progress and was advised that they would need to claim UC as no entitlement to SDP in last 28 days. We’ve been advised the same today when calling them.
Now, do we have an argument here to suggest that as client’s initial contact was 7th May 2019 and HB ceased on 13/04/2019 and this had SDP premium in it, we may be able to get irESA reinstated?
Thanks in advance
As an update - spoke to DWP who were potentially willing to accept this, however after speaking to LA last payment was made to client in November 2018 and claim was subsequently closed there end in Feb 2019. Therefore, I think I may be out of luck with this one.
Yes, I don’t know if there is much that we can usefully say.
If he was getting SDP in HB and then claimed within a month (not 28 days) of the HB stopping, then potentially there is scope to make a new claim for legacy benefit. It might be more difficult to persuade them of this if HB was only being paid in error due to not being aware of capital levels (it’s not fully clear when exactly his capital dropped below the upper limit).
Does your claimant still receive the DLA / PIP which meant they had entitlement to the SDP? And still otherwise meet the qualifying criteria for this? If they do they won’t get through the UC ‘gateway’.