- Posts: 70
× Members
esa and disability premiums
- tango
- Topic Author
- Offline
Less More
4 years 9 months ago #249541 by tango
esa and disability premiums was created by tango
hi there,
my partner gets income related esa and was wandering can she claim disability premiums because she has been awarded standard rate pip for both care and mobility.
in september last year her esa was suspended because she cashed a works pension in and got £9475. she then sent proof off to where this money had gone and 6 weeks later her income related esa was reinstated.
anyway we rang dwp to enquire about disability premiums and she filled a form in over the phone and a few weeks later she recieved a letter saying she was not entitled to the premiums because she had received the above lump sum from her pension.
surely they owe her the premiums from the date they awarded her pip in 2017 up to the date they suspended her esa and also since her esa has been reinstated should they not be paying her the disability premiums now.
When they made the decision about the premiums her income related esa had been reinstated so perhaps this decision was wrong, also in the letter it said she could not appeal this decision so shes not bothered contacting the dwp and its now nearly a year since they refused her the premium. just need some advice please.
my partner gets income related esa and was wandering can she claim disability premiums because she has been awarded standard rate pip for both care and mobility.
in september last year her esa was suspended because she cashed a works pension in and got £9475. she then sent proof off to where this money had gone and 6 weeks later her income related esa was reinstated.
anyway we rang dwp to enquire about disability premiums and she filled a form in over the phone and a few weeks later she recieved a letter saying she was not entitled to the premiums because she had received the above lump sum from her pension.
surely they owe her the premiums from the date they awarded her pip in 2017 up to the date they suspended her esa and also since her esa has been reinstated should they not be paying her the disability premiums now.
When they made the decision about the premiums her income related esa had been reinstated so perhaps this decision was wrong, also in the letter it said she could not appeal this decision so shes not bothered contacting the dwp and its now nearly a year since they refused her the premium. just need some advice please.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
4 years 9 months ago #249555 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa and disability premiums
tango
Do you live with your partner?
If you do, do you have an award of DLA MRC or HRC or PIP Daily Living (there are others)?
You don't say why the ESA(IR) was suspended, was it because they exceeded the £16,000 limit for assets and savings or, was it because the notional income from her savings exceeded the amount of ESA(IR) that she was entitled to?
You don't say what group your partner is in but if she is in the Support Group then she should be entitled to the Enhanced Disability Premium for any week that they were entitled to ESA(IR).
Her PIP award entitles her to the Severe Disability Premium for any week since the PIP Daily Living award started and she was entitled to ESA(IR) providing she lives alone or is considered to be living alone (this is where your receiving DLA or PIP comes into play) AND no one receives Carers Allowance against her PIP award.
Gordon
Do you live with your partner?
If you do, do you have an award of DLA MRC or HRC or PIP Daily Living (there are others)?
You don't say why the ESA(IR) was suspended, was it because they exceeded the £16,000 limit for assets and savings or, was it because the notional income from her savings exceeded the amount of ESA(IR) that she was entitled to?
You don't say what group your partner is in but if she is in the Support Group then she should be entitled to the Enhanced Disability Premium for any week that they were entitled to ESA(IR).
Her PIP award entitles her to the Severe Disability Premium for any week since the PIP Daily Living award started and she was entitled to ESA(IR) providing she lives alone or is considered to be living alone (this is where your receiving DLA or PIP comes into play) AND no one receives Carers Allowance against her PIP award.
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.
- tango
- Topic Author
- Offline
Less More
- Posts: 70
4 years 9 months ago #249567 by tango
Replied by tango on topic esa and disability premiums
she lives by herself and because she got her 9000 lump sum from her pension and this was over 5000 they suspend her esa until she provided proof what she had spent the money on to bring it below 5000 which she did and her esa was unsuspended but when she applied for the severe disability premium she was refused because she had got the 9000 lump sum even though at the time of the decision her esa had been reinstated. shes in the support group. should we go to cab and take advice about this matter because at the moment i think the dwp are not paying her what she is entitled to.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
4 years 9 months ago #249570 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa and disability premiums
tango
As far as I can see from your post she never lost her eligibility for ESA(IR), payments were just suspended, this being the case then she is entitled to both of the Premiums, the ED Premium from the date that she was placed in the SG, I am genuinely surprised that this is not already in payment, if it isn't.
The SD Premium is payable from date that she was awarded the Daily Living component, the lump sum and the suspension in no way affect her entitlement to the Premium, whoever said that they do was incorrect.
As to the CAB, I'm not sure if they are open yet but it is worth checking, they have access to the DWP at levels that claimants do not.
Gordon
As far as I can see from your post she never lost her eligibility for ESA(IR), payments were just suspended, this being the case then she is entitled to both of the Premiums, the ED Premium from the date that she was placed in the SG, I am genuinely surprised that this is not already in payment, if it isn't.
The SD Premium is payable from date that she was awarded the Daily Living component, the lump sum and the suspension in no way affect her entitlement to the Premium, whoever said that they do was incorrect.
As to the CAB, I'm not sure if they are open yet but it is worth checking, they have access to the DWP at levels that claimants do not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: tango
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David