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

nsESA and SDP

VRW
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Livin Housing

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Total Posts: 17

Joined: 25 November 2019

Hi guys

this has probably been asked before i have looked but probably not hard enough or missed it

i have a tenant who when i spoke to him he said he was in receipt of cbESA - i gave him advice to claim SDP so we can claim HB and avoid the mess of UC - he rang DWP and they were sending a form out in the post - so we proceeded with a HB claim knowing it would be rejected but challenge it until the SDP is in place and the HB would be awarded. he does not have a current HB award so no current SDP currently in payment.

however he has now told me (or more so his partner who he does not live with) that actually it is nsESA (hes in the Support group/LCWRA) he said he receives £207p/f with a £10p/f deduction which doesnt add up either- he has received a form from DWP which is the ESA3 form and ive told him to fill it out

but now im questioning whether he can add the SDP onto nsESA as ive never dealt with this before as luckily its always been cbESA

is it possible or is his option only UC

Dan Manville
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Greater Manchester Law Centre

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If they’ve issued an ESA3 it might well be cb. Even if he’s claimed UC and it’s stopped for some reason, cbesa can morph into nsesa and back again depending on the circs; i.e if he gets the SDP.

Last time I tried to get an ESA3 issued on a NS claim it was like pulling teeth; if it’s been issued without quarrel I’d be asking which it is.

VRW
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Livin Housing

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Dan Manville - 30 June 2020 04:24 PM

If they’ve issued an ESA3 it might well be cb. Even if he’s claimed UC and it’s stopped for some reason, cbesa can morph into nsesa and back again depending on the circs; i.e if he gets the SDP.

Last time I tried to get an ESA3 issued on a NS claim it was like pulling teeth; if it’s been issued without quarrel I’d be asking which it is.

i asked if he had the award letter but he doesnt - but his partner says its definitely NS as DWP told them

so can it be done and add the premiums onto a NS claim with an ESA3 form?

uck it would be easier if we could do bloody home visits!!!

Benefits38
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Welfare Benefits Team, The Money Carer Foundation

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Dan Manville - 30 June 2020 04:24 PM

If they’ve issued an ESA3 it might well be cb. Even if he’s claimed UC and it’s stopped for some reason, cbesa can morph into nsesa and back again depending on the circs; i.e if he gets the SDP.

Can a New Style ESA award only be converted into a contribution-based ESA award when a claimant has received contribution-based ESA in the past or can any New Style ESA award be converted into contribution-based ESA (assuming that the client satisfies the criteria for Income-Related ESA)?

Va1der
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Welfare Support Worker - Community Renewal Edinburgh

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I was just trying to remember some details about this earlier today, so jumping in just to confirm if I remember correctly:

A nsESA claim can be converted to cbESA where a UC claim is blocked by the SDP gateway?
For example where someone in tempAcc (with HB) has been awarded PIP SRDL. Doesn’t matter if there was any cbESA in the past.

EDIT: typo