DWP’s advice on eligibility for Severe Disability Premium on ESA

Hi, I’ve been with a client this morning who has recently been awarded PIP Standard Daily Living Component and is in assessment phase of ESA. I called DWP to advise them of this (as I’m aware that sometimes the notification of PIP award is not passed over to ESA). I was told by the advisor that my client does not meet the criteria and has to be on the Enhanced component of PIP DL. When I queried this, the advisor then began to read out their guidance.

Anyway, reluctantly the advisor agreed to send out the ISA10 form. But this conversation has concerned me. Am I missing something? Have the rules changed and I didn’t know about it? Am I wrong? (but I can’t be, I helped with a case almost identical to this not long ago who was awarded the SDP!) I’m concerned as well as this is my job to deal with these types of queries, but if the client would’ve called, given their mental health problems this would’ve caused considerable distress or would’ve just gone unnoticed.

What does anyone else think?..if anything, please put my mind at rest :)

The information you have been given is simply wrong.

DMG 44113
Single claimants, lone parents and claimants who are deemed to have no partner (see DMG 44116) are entitled to the lower rate SDP if
1. they are in receipt of
  1.1 the middle or highest rate of the care component of DLA or
  1.2 “AA” or
  1.3 the daily living component of PIP or
  1.4 AFIP
[and meet the other conditions]

Agree so far as bad advice over the phone goes. I’ve lost count of how many times clients have turned up saying that their DWP advisor told them to do such and such and ended up losing out because they actually did it. I could only suggest a complaint.

Thanks Elliot. I wonder where they have got their guidance from then? Baffling. It’s quite worrying really. I’m wondering if there is anyone I could feed this back to as it could be other advisors may be telling customers this. I did manage to get the location of the call centre and the advisor’s name.

Submit a formal written complaint about the ,misadvice which shows a training need.  Did you get the call handler’s name and location?  Give the phone number you called from so DWP can trace and listen to the call.

I usually write direct to the complaints resolution team for the area which for you is .(JavaScript must be enabled to view this email address)

Hi Neil, yes I got the first name and location. I think I will flag this up as it may not be the first time it’s happened. The advisor was actually reading guidance out over the phone to me saying I was incorrect? Yes, I’m definitely going to flag this up. Thank you.

Last year I was told by the Pension Service that a client couldn’t have SDP because they were only on lower rate of Attendance Allowance. 

Not to worry DWP have a solution for dealing with widespread incompetence.  Just abolish SDP as they doing for UC!

Shazz - 10 March 2016 11:47 AM

Thanks Elliot. I wonder where they have got their guidance from then? Baffling. It’s quite worrying really. I’m wondering if there is anyone I could feed this back to as it could be other advisors may be telling customers this. I did manage to get the location of the call centre and the advisor’s name.

I wonder if they were getting mixed up with the guidance on the enhanced disability premium?

44101 EDP is payable if
[...]
3. the daily living component of PIP at the enhanced rate is payable ..

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/470888/dmgch44.pdf

Hi

Just thought I’d update. I’ve spoken with a DWP Officer from the Complaints Resolution Team today after I sent through my concerns. They have located the call and are flagging this this with the Team Manager. He was really thankful for me highlighting this and is addressing this. Hopefully this will avoid other customers phoning up and potentially losing out on entitlement. Thanks for all you advice everyone. Most helpful.