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Severe disablement allowance and ESA Contribution
- wideyes
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4 years 11 months ago #231641 by wideyes
Severe disablement allowance and ESA Contribution was created by wideyes
Leigh and Day solicitors won a high court ruling against the DWP for claimants migrated to UC before January 2019 receiving SDP losing out on £180 per month . They won their case
I receive ESA contribution support group benefit since transfered 2013 from Invalidity benefit . The benefit is made up of basic allowance £73 plus £36 support premium plus top up which is means tested £10
I also receive PIP high rate mobility standard care
1/ the top up ESA should NOT be means tested
2/ due to being in receipt of PIP and ESA contribution benefits can the DWP migrate me to UC without having to ascess me for UC 50 ?
Or do all ESA benefit claimants in support group have to undergo UC50 ? Or should we NOT be migrated to UC full stop ?
As ESA should be paid alongside UC
Please advise
I receive ESA contribution support group benefit since transfered 2013 from Invalidity benefit . The benefit is made up of basic allowance £73 plus £36 support premium plus top up which is means tested £10
I also receive PIP high rate mobility standard care
1/ the top up ESA should NOT be means tested
2/ due to being in receipt of PIP and ESA contribution benefits can the DWP migrate me to UC without having to ascess me for UC 50 ?
Or do all ESA benefit claimants in support group have to undergo UC50 ? Or should we NOT be migrated to UC full stop ?
As ESA should be paid alongside UC
Please advise
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- Gary
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4 years 11 months ago #231645 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Severe disablement allowance and ESA Contribution
Hi Michele
I am not aware of anyone on ESA being migrated to UC without having to undergo an assessment see member only guide 'ESA and UC claims' I believe that migration starts in the Harrogate area this month.
You state that you are in receipt of contribution based ESA and in the support group, unfortunately contribution based ESA claimants are not eligible to claim the SDP even if you fit within the criteria of SDP, it only applies to income related benefits such as Income Related ESA.
Gary
I am not aware of anyone on ESA being migrated to UC without having to undergo an assessment see member only guide 'ESA and UC claims' I believe that migration starts in the Harrogate area this month.
You state that you are in receipt of contribution based ESA and in the support group, unfortunately contribution based ESA claimants are not eligible to claim the SDP even if you fit within the criteria of SDP, it only applies to income related benefits such as Income Related ESA.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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4 years 11 months ago #231654 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Severe disablement allowance and ESA Contribution
Michele
You mention a top-up, is it a Transitional Payment paid because your Incapacity Benefit was a higher amount than the ESA you were moved on to or is a Premium? If the former then you are only receiving Contribution Based ESA and will not be moved to Universal Credit.
If it is a Premium and you have no need to make a new claim for any of the benefits that come under the UC umbrella then at some time in the future your ESA(IR) but not your ESA(CB) will be migrated to UC but you will receive Transitional Protection that will ensure that you will not receive less than what you are receiving at the time of transfer.
Claimants with an existing award of ESA should have that award migrated to UC with assessment although this can take some time, unless they have reached their reassessment date, in which case this will be done under UC. The criteria for UC is exactly the same as ESA
If you are not receiving ESA(IR) currently have you checked whether you are eligible or not? It would be paid as a top-up to your existing ESA(IR).
Gordon
You mention a top-up, is it a Transitional Payment paid because your Incapacity Benefit was a higher amount than the ESA you were moved on to or is a Premium? If the former then you are only receiving Contribution Based ESA and will not be moved to Universal Credit.
If it is a Premium and you have no need to make a new claim for any of the benefits that come under the UC umbrella then at some time in the future your ESA(IR) but not your ESA(CB) will be migrated to UC but you will receive Transitional Protection that will ensure that you will not receive less than what you are receiving at the time of transfer.
Claimants with an existing award of ESA should have that award migrated to UC with assessment although this can take some time, unless they have reached their reassessment date, in which case this will be done under UC. The criteria for UC is exactly the same as ESA
If you are not receiving ESA(IR) currently have you checked whether you are eligible or not? It would be paid as a top-up to your existing ESA(IR).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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