Esa question

woolywonder

I already receive pip enhanced Enhanced and am in the support group for contribution based ESA. My partner has given up work to look after my needs . However, he has no recourse to public funds and limited leave to remain and cannot access cares allowance. As I am now being assessed for income related ESA what premiums will be available to me in this circumstance? 

poppy123456

If entitled it will be the Enhanced disability Premium of £19.55/week. (single person) because you can't claim for couples because your partner has NRPF.

woolywonder

What about the grey area severe disability premium? 

poppy123456

woolywonder said:

What about the grey area severe disability premium? 

You will not be entitled to that because you don't live alone, you live with your partner. Although your partner has NRPF you still don't live alone.

calcotti

woolywonder said:

What about the grey area severe disability premium? 

It isn’t a grey area. There are rules and a claimant will qualify if they meet the rules.

woolywonder

It is a grey area to DWP who some say I will get severe disability premium and some say I won't. I'm easy, understand I'm claiming for just myself with partner having NRPF 

poppy123456

It’s not a grey area in your case. It’s very straight forward because you live with your partner so you don’t qualify. 

Yes you are claiming just for yourself but this doesn’t mean your partner living with you will be ignored. His circumstances are still taken into consideration even though you won’t receive extra money because of the NRPF. 

woolywonder

I know living with your partner excludes you in most circumstances but the DWP have told me in the past its not my partner person that matters it was his wages. Now he has no wages perhaps the opposite applies? 

poppy123456

No, the opposite doesn’t apply now. Although he has no NRPF his circumstances will still be taken into consideration. 

Even if he was able to access public funds you still wouldn’t be entitled to SDP. 

calcotti

woolywonder said:

It is a grey area to DWP who some say I will get severe disability premium and some say I won't. 

That's because they are not very knowledgeable - not because the rules are unclear.

woolywonder

May I ask Poppy 123456 do you have a background of welfare advice? Your advice is superb. Even the CAB are not sure after checking with their benefits experts. 

poppy123456

Thank you. I'm not an expert by any means. My knowledge is a mixture of personal experience and general research and learning from others based over many years.

woolywonder

What do you make of the rules quoted on this website for all 3 premiums? https://www.homecare.co.uk/advice/how-to-claim-disability-premiums-severe-and-enhanced?faq=4

According to that website I'd qualify for disability premium and enhanced disability premium 

calcotti

woolywonder said:

What do you make of the rules quoted on this website for all 3 premiums? https://www.homecare.co.uk/advice/how-to-claim-disability-premiums-severe-and-enhanced?faq=4

According to that website I'd qualify for disability premium and enhanced disability premium 

There is no disability premium for ESA.

If you are in the ESA Support Group and/or Enhanced rate Daily Living PIP you should get the Enhanced Disability Premium (which is often called something else on ESA letters but am having a memory blank and cannot remember what they call it).

poppy123456

calcotti said:

woolywonder said:

What do you make of the rules quoted on this website for all 3 premiums? https://www.homecare.co.uk/advice/how-to-claim-disability-premiums-severe-and-enhanced?faq=4

According to that website I'd qualify for disability premium and enhanced disability premium 

There is no disability premium for ESA.

If you are in the ESA Support Group and/or Enhanced rate Daily Living PIP you should get the Enhanced Disability Premium (which is often called something else on ESA letters but am having a memory blank and cannot remember what they call it).

On ESA letters it's known as "disability Income Guarantee." Never understood why it's called that.

poppy123456

woolywonder said:

What do you make of the rules quoted on this website for all 3 premiums? https://www.homecare.co.uk/advice/how-to-claim-disability-premiums-severe-and-enhanced?faq=4

According to that website I'd qualify for disability premium and enhanced disability premium 

That website is a little misleading and not reliable at all. The disability premium is only payable if claiming either Income Related JSA or Income Support. The Gov.uk website is the most reliable. https://www.gov.uk/disability-premiums/what-youll-get

In that link it says.. If you get income-related Employment and Support Allowance (ESA) you cannot get the disability premium, but you may still qualify for the severe and enhanced premiums.

calcotti

poppy123456 said:

On ESA letters it's known as "disability Income Guarantee." Never understood why it's called that.

Thanks poppy, having a memory blank on that this morning. I’ve never known why it’s called that either.

poppy123456

You're welcome. It's easily done.

woolywonder

Thank you both for your input and knowledge. I was amazed what that article said on the situations you can claim severe disability premium as a couple. Is all that correct or more errors on that website? 

poppy123456

SDP can be claimed as a couple if you both claim a qualifying disability benefit such as PIP daily living, DLA mid/high rate care or AA or you’re registered blind. No one must be claiming either carers allowance or carers element of UC for looking after you. (If no other adults live with you, unless the above criteria applies) 

https://www.entitledto.co.uk/help/severe-disability-premium

In your case you do not qualify because of your partner. 

woolywonder

Well finally they have come to a decision. They say I am not entitled to any income amount to be paid in addition to my support group contribution based ESA. I've asked for a mandatory reconsideration as benefits calculators, cab and legal services allowed say I should be getting income related ESA in addition  less my weekly small pension amount.