ESA and mixed age couple

Hi,

Wondering if someone could help me please?

I’m helping a couple who have been in receipt of ESA. The main claimant has just turned pension age and they’ve been advised by ESA that the claim will now close.

I think this is wrong as they both receive PIP and there’s a double SDP included in the ESA claim so my understanding is that the claim should stay open? ESA however are having none of it!!

You’re right, they’re wrong, see para.13 et seq of Housing Benefit Circular A9/2019 which details that your clients should indeed remain on ESA due to the SDP.

Thank you for responding. My issue now is trying to get this resolved quickly as ESA won’t speak to me over the phone without the tenants!

You could try quoting their own guidance for dealing with representatives: https://www.gov.uk/government/publications/working-with-representatives-guidance-for-dwp-staff/working-with-representatives-guidance-for-dwp-staff

Sometimes it just comes down to who answers the phone - hang up, redial the exact same number, and hope you get someone sensible.

In a pinch you could always try the escalation numbers.