ESA NICB Query

HI
1/ Could you tell me how this works, If you are on DLA and ESA Wrag.
Does being on DLA stop your 365 day NICB being used up, and also is it the same if you are on Industrial Injuries Disablement Benefit.

2/ When you appeal and ask for a Subject Access Request, does it have to be on a SAR form or will the DWP accept a letter written out on the way you have showed us

Bud wrote: HI
1/ Could you tell me how this works, If you are on DLA and ESA Wrag.
Does being on DLA stop your 365 day NICB being used up, and also is it the same if you are on Industrial Injuries Disablement Benefit.

2/ When you appeal and ask for a Subject Access Request, does it have to be on a SAR form or will the DWP accept a letter written out on the way you have showed us

Hi B,

Answer 1. No it won't have any affect whatsoever to your 365 days entitlement to CB ESA in The WRAG. You don't even need NI Contributions to claim and receive DLA.

The only way that being in receipt of Middle or Higher Rate Care of DLA would have a positive effect on this, is if you were then entitled to Disability Premiums, and these premiums were paid to you in the form of an IR ESA top-up with your CB ESA.

Of course you would only receive this IR ESA top-up, if you could pass the "means test" for IR ESA, see :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

You only need to receive as little as one penny of IR ESA top-up, to escape the 365 days limit to payment.

Again, being in receipt of IIDB, would not have any positive affect on your 365 day entitlement to CB ESA.

Answer 2. You can simply make a Subject Access Request using a letter, as long as you make it clear that you are making a SAR under The Data Protection Act 1998, see :

www.ico.org.uk/for_the_public/personal_information

Or you can download and fill in a SAR Form from here :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Don't forget, you could add extra A4 pages to The SAR Form if necessary.

bro58

What do they mean by assets

bro58 wrote:

Bud wrote: What do they mean by assets

Hi B,

Assets would encompass such things as "Stocks and Shares" gold bullion, a second home. Anything of value such as the above, which was not counted as a "personal possession" as a wedding ring worth a lot of money, a car or a caravan would be.

bro58

Hi B,

To be clear, being entitled to Disability Premiums as mentioned in my first post above, basically increases the amount that the government state that you need to live on. This is known as a minimum disability guarantee.

Therefore, if you thought that you were entitled to DP's you would have to request and fill in and return an ESA3 to financially assess your own particular personal circumstances.

If there was a shortfall between your total household income and the minimum disability guarantee for you own circumstances, this would then be topped-up with IR ESA.

Sample ESA 3 Form

bro58

Hi B,

See information on DP's :

www.gov.uk/disability-premiums-income-support/overview

As you would be in receipt of CB ESA, Income Support would be substituted by IR ESA.

bro58