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Old style ESA & partner to be added?
Hi,
I have a client on PIP and old style ESA(CB) and his partner works during term time only (income too high for CA). The partner has now been awarded PIP so based on a benefit calculation, they should be due a top up of ESA (IR) as there would be a carers premium for him and the SDP (couple).
I’m concerned that the DWP would just see this as a move to UC other than a change of circumstances so is there a form that can be downloaded (ESA3 from memory?)? Can’t find one on Gov.uk…
I can’t risk anything going wrong for my clients, they both have mental & physical difficulties and a recent PIP hearing was particularly exhausting for the partner.
Thanks :)
It cannot be seen as a move to UC - that is only done if you make a claim to UC yourself, which is not what is being proposed here. I do appreciate your concern that DWP may “advise” a UC claim is needed. But that isn’t a claim to UC - you still have to do that yourself.
The ESA3 form is still available: https://gmwrag.files.wordpress.com/2016/05/esa3.pdf for example. This should have the old-style ESA claim reassessed with the partner on now. DWP should not refuse that and it wont make them go on to UC.
Do they pay rent? And if so are they already getting HB?
No HB as income from ESAcb & wage was too high.
It cannot be seen as a move to UC - that is only done if you make a claim to UC yourself, which is not what is being proposed here. I do appreciate your concern that DWP may “advise” a UC claim is needed. But that isn’t a claim to UC - you still have to do that yourself.
The ESA3 form is still available: https://gmwrag.files.wordpress.com/2016/05/esa3.pdf for example. This should have the old-style ESA claim reassessed with the partner on now. DWP should not refuse that and it wont make them go on to UC.
Do they pay rent? And if so are they already getting HB?
Just to add to Paul’s advice, we’ve done this a few times - phoning ESA did often prompt the “they have to claim UC” nonsense so we’ve completed paper ESA3s and posted them. And then found the very helpful information here on Rightsnet that you have to follow that up with a phone call and a request for them to be processed or they will just sit there being ignored.
It’s worked. Unless as Paul mentions they need a UC claim for housing costs. In which case it’s worth getting the income-related ESA up and running before the UC claim in order to get the transitional element.