× Members

Big problems with mixed aged couples who get SDP

More
5 years 9 months ago #234408 by fwlanza
Hi

I have just spoken to someone from the benefits service about a problem with my ESA payments when my wife reaches state pension age in September.
I presently receive IR ESA support group rate. Both my wife and I get enhanced rate PIP for care and mobility..she is presently receiving Carers allowance for me and we receive SDP and disability income guarantee.
However, the calculation I received for after she receives her pension showed my ESA reducing by over £90 a week. This calculation showed the couples allowance, carer premium( as she keeps underlying entitlement), support group premium and now pensioner premium.
However, I have been awarded no disability premiums at all. Having first phoned on Monday and again today, I finally spoke to someone higher up at 5.45pm tonight.
She told me that the computer calculation was correct, and due to receiving pensioner premium, we not only loose the the enhanced disability premium( in the ESA legislation) of £24.10, we ALSO LOOSE the couple SDP premium of £131.70.
This is how the computer system is presently programmed. I explained that nowhere in the ESA legislation or on government websites explaining disability premiums, does it state that receiving the pensioner premium precludes the claimant getting any disability premiums whatsoever.
She agreed that there may be a problem, and she would speak to her manager on Monday and ring me back Monday pm. However, she also said that this may have to go much higher than her manager if, as it seems, the computer has not been updated to take into account the new rules regarding Mixed Age couples, as my wife will be among the first who was unable to claim pension credit .
This actually seems to have the probability of becoming a disaster, as more Mixed Age couples fall foul of these present rules.
I will let you know when I hear something on Monday
Fred

Please Log in or Create an account to join the conversation.

More
5 years 9 months ago #234426 by Gordon
Fred

Another member was asking about this earlier in the week.

The Enhanced Disability Premium is not payable in conjunction with the Pensioner Premium but as the latter is more that should not be an issue.

I can't find anything in the ESA legislation that states that the Severe Disability Premium is not payable but I am still investigating. The DWP's statement is not consistent with Pension Credit which was the alternative until earlier this year which does include the SD Premium.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid