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Is it still possible to move from CB-ESA to IR-ESA to get SDP or would this trigger a UC claim?
SDP would mean is protected from UC but not sure if client can still claim it.
Yes. CB-ESA and IR-ESA are all one benefit - ESA. So your client isn’t claiming a new benefit just asking for a supersession as now qualifies for an income related part of ESA.
Provided of course that it’s not new style ESA in payment.
I am so glad this thread has happened because DWP told me only last week that my client couldn’t have the SDP because she was on CB/ESA (not new style ESA). Their agent was adamant on this point, I really started to wonder if I was losing the plot.
I am so glad this thread has happened because DWP told me only last week that my client couldn’t have the SDP because she was on CB/ESA (not new style ESA). Their agent was adamant on this point, I really started to wonder if I was losing the plot.
We have a direct number for the ESA claims maintenance team who deal with most of our area, and they’re generally very helpful and on the ball. The only real point of contention I can recall for several years is their recent contention that old-style c-ESA can’t be superseded to include income-related elements, and that it’s a “UC trigger” instead. There is evidently some training or information gap on this point at DWP, which means advisers need to be very alert to the possibility of ESA claimants getting their SDP etc in payment wherever possible.
How about ‘credits only’ ESA, can an ESA3 be submitted for the income related element?
cheers
How about ‘credits only’ ESA, can an ESA3 be submitted for the income related element?
Credits only is the award of NI credits on the grounds of Limited Capability for Work - it is not an ESA award. Therefore I don’t think an ESA3 would be issued. However if UC is claimed the LCW or LCWRA status should be recognised.
See this thread https://www.rightsnet.org.uk/forums/viewthread/14916/ which has links to further threads.
How about ‘credits only’ ESA, can an ESA3 be submitted for the income related element?
cheers
I have seen it happen and an IRESA award made thanks to the culture at JCP, but I came to the conclusion it shouldn’t have as; as Ianb has already said, Credits aren’t an award of ESA. Credits are governed under the Social Security (Credits) Regs 1975; an entirely discrete scheme from ESA.
I suppose in relation to a credits-only claim that it would be possible where someone was converted onto CBESA and placed in the WRAG but has served their 52 weeks and is later picked up as part of the trawl (or otherwise) as missing out on IRESA, so there must be some legal possibility. I would suggest the other way is to get the CBESA back in payment if possible by obtaining SG status, with backdating if eligible and then looking at IR with the SDP…
Bit rambly but hope that sort of makes sense.