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STBAs and ESA
My clients are having problems accessing STBA when making a new claim for ESA and the DWP require that a claim form is completed. Until the form is received, even though the claim has been started by phone (I assume?) the DWP are refusing to accept that it is ‘the start of a new claim’ (as above). Is this correct?
I’ve been fuming about this all morning; the gall of refusing to accept that the transition from CESA to IRESA doesn’t involve a new claim when that’s exactly what they continually try to insist is the case.
It’s correct mind but you try convincing them of that when there’re arrears of a premium to be paid!
What I am starting to do is to email a pdf of the claim form to the ESA team via a DWP stakeholder liaison manager so that it is received quickly or quicker than normal routes.
I am doing this through a secure account (GCSX) you may also have one if you work for a local authority.
I have then advised the clients to call for STBAs a day or so after. They have still been refused, however their ESA claims have been put into payment: so currently that is a 3 working day turn around.
Although I have the result for the clients, it a) feels like jumping the queue, and b) doesn’t really answer my questions about STBA eligibility criteria ...
My clients are having problems accessing STBA when making a new claim for ESA and the DWP require that a claim form is completed. Until the form is received, even though the claim has been started by phone (I assume?) the DWP are refusing to accept that it is ‘the start of a new claim’ (as above). Is this correct?
Many of my clients claim that their benefit is stopped before they are notified that their ESA WRAG (contribution based) is coming to an end after 365 days. They are then sent a claim form to complete (ESA 3). I have been unable to get STBA paid in this situation as the DWP state it is not a new claim either (income based rather than contribution based). Is this correct?
I am struggling to find more information on this issue and would appreciate any advice. Can anyone help?
Many thanks.
1. I think the answer to the first question in the quoted section of your post above depends on whether a claim has been made or not- reg 4G(2) of the Claims and Payments Regs provides that a claim may not be valid where the SSWP directs in a particular case that the claimant needs to provide a written statement of circumstances- so if that is the case then no valid claim has been made and I think you have difficulties meeting the requirement for a claim to have been made in reg 5(2) of the SS(Payments on Account of Benefits) Regs.
2. With regard to your second point then it is correct that when contribution based ESA ends and a person may be entitled to income related then what is needed is not a new claim- this is simply a supersession (indeed there may be no need for any outcome decision at all in a case where claimant has no income and would be entitled to irESA at exactly same rate as cESA- in such a case then amount of benefit does not change merely the basis on which claimant gets it and I can’t see that is actually a supersession at all).
You might find the guidance etc which is available on this page useful:
http://www.cpag.org.uk/stba-adviser-tools
I have just done an FOI request for the more up to date guidance as it seems there is some- I think it a bit depressing the guidance on STBAs should not be made very publicly available on the DWP’s own website.
By the way- I like your trick of emailing the pdf claim form. CPAG would very much like to get a situation where STBA applications could be emailed to the officer dealing with them. Have you any information on who it is within DWP exactly who determines an STBA- eg where are the decision makers located? is it local office? I can’t seem to find out.
By the way- I like your trick of emailing the pdf claim form. CPAG would very much like to get a situation where STBA applications could be emailed to the officer dealing with them. Have you any information on who it is within DWP exactly who determines an STBA- eg where are the decision makers located? is it local office? I can’t seem to find out.
We were briefed by a JC local manager that the decision on STBA is made by JC staff within JC rather than being referred to a BDC.
You’re working too late Martin ;-)