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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Old Style CBESA and adding the SDP EDP

Melanie12
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Support Services, CABA

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My client is in receipt of CBESA and has been since 2017.  Her capital has now dropped and she would like to have the SDP added as she is in receipt of PIP daily living.  The client has been told by Jobcentre Plus that this will mean her claim will no longer be CBESA but IRESA instead.  She has been asked to complete a ESA 3 form to make a new claim for IRESA, which you can no longer do and has been thrown by the form stating to only complete the form if:

“Your CBESA claim has stopped and you want to claim IRESA or you are already getting IRESA and you now have a partner living in the same household.”

It is my understanding that they should just be able to have the SDP added through the completion of the ESA3 and then the IS10 form and her claim will continue as CBESA with an add on of IRESA for the SDP and this is not a new claim.

This is based on the caselaw below.

https://administrativeappeals.decisions.tribunals.gov.uk/Aspx/view.aspx?id=4349

I would really grateful if anyone could confirm my thinking or if I have missed anything.

 

HB Anorak
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You are right, but if she also pays rent she might want to think about switching to UC instead.  If no rent, then upgrading ESA(c) to ESA(ir) by way of a superseding decision is certainly possible.

Melanie12
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Thank you for your response.

To confirm if at any point in the future the client was no longer eligible for the SDP would their claim just return to CBESA?

Also by having the SDP added will they come under managed migration in the future to U/C on this basis?

Vonny
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Welfare rights adviser - Social Inclusion Unit, Swansea

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Melanie Smith 12 - 24 January 2022 12:50 PM

Thank you for your response.

To confirm if at any point in the future the client was no longer eligible for the SDP would their claim just return to CBESA?

Also by having the SDP added will they come under managed migration in the future to U/C on this basis?

As she is currently getting CBESA, this means she is in the support group (has not been limited to 365 days), when she gets income-related ESA, she will continue to be paid contributory ESA and income-related will be a top up. 

Income-related ESA will come under managed migration but she (if still eligible) should continue to receive contributory ESA with a means-tested top up of UC, at this point her CBESA will become new-style ESA and can still be paid.

Dan Manville
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Greater Manchester Law Centre

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This isn’t a new claim for IRESA; it’s a change of circs to include an award of IRESA with the CESA. Using language like “new claim” can have consequences in this day and age.

Also, they don’t need the IS10; there’s enough info on the ESA3 to award the SDP, the IS10 is just an administrative construct. I used to simply put “please consider the SDP” or similar in the other info box at the end.

The language about it turning into IRESA is a throwback to how they process the claims; everyone above is correct that, in law, the CESA remains in payment, however all too often an award of IRESA with underlying CESA is just loaded onto their system as IRESA alone which can cause headaches if it stops for any reason.

HB Anorak
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Melanie Smith 12 - 24 January 2022 12:50 PM

Thank you for your response.

To confirm if at any point in the future the client was no longer eligible for the SDP would their claim just return to CBESA?

Also by having the SDP added will they come under managed migration in the future to U/C on this basis?

The EDP always makes the ESA(ir) rate higher than ESA(c) alone for people in the support group, but there is presumably still quite a bit of tariff income in the calculation which could mean no entitlement to ESA(ir) without the SDP at least for a while.

As for managed migration, who knows but my guess would be that people on ESA(ir) only and no other legacy benefits would be an easy grouo to migrate sooner rather than later.  I think it is probable that at some stage in the future all old style ESA(c) will be converted en masse to new-style, making future upgrades to ESA(ir) impossible.  But until that happens, losing ESA(ir) means the award reverts to old style ESA(c) only.

Jon (CHDCA)
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Welfare benefits - Craven CAB, North Yorkshire

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Melanie Smith 12 - 24 January 2022 12:00 PM

only complete the form if:

“Your CBESA claim has stopped and you want to claim IRESA or you are already getting IRESA and you now have a partner living in the same household.”

I don’t understand why the current version (2017?) of the ESA3 form says that on the front, unless they are aiming to gather information in scenarios like your client’s over the phone instead. Last time we asked for an IS10 form, we were told they “do them over the phone now”...

The previous wording on the 2014 version suggested a broader use of the ESA3 form:

Why we have sent you this form
You are claiming contribution-based Employment and Support Allowance. You have told us
- about a change in your circumstances, or
- you want to claim income-related Employment and Support Allowance.
This means we need to look at your claim again.

Anyway, I’d certainly advise to return the form if one had been issued.

Mairi
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I have a downloaded copy of an ESA3 form which I copy and use in these circumstances rather than waiting for one to be sent out for completion.  I’ve found that often the telephony people can’t handle starting the process over the phone because it’s often just ‘you can’t make a new claim for that’.  It also focuses my mind to have bank statements provided asap as I’ve usually been completing the form following a reduction in savings.