migrated from incapacity to esa contribution

Hi veronica

Usually an MP's enquiry is dealt with straightaway, I would have thought they would have had some news from DWP by now even if it was to say they are looking into your case.

I think it would put your mind at ease if you contacted your caseworker at the MP's office, even if they only told you they are still waiting for news.

Gary

Hi veronica

It is not quite correct in what you are saying, under legancy benefits you could claim SDP on either of PIP daily living components providing you were in receipt of a qualifying benefit, CB ESA is not a qualifying benefit but IR ESA is.

DLA descriptors are different from PIP descriptors: DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night or both, to help them with that bodily function.

PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.

DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.

DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.

DLA required that the care was required for the majority of the time, for PIP it is the majority of days.

For PIP activities must be completed reliably, this means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.

Gary

Hi veronica

The case worker is like the back office on the forum, they do all the work but get very little praise. In the MP's case, the MP gets all the glory when the case worker gets a good result.

I had a friend who used to work as a case worker for a MP until he retired.

Gary