Employment and Support Allowance (ESA)
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ESA Appeal and disability premium payment

redpoppyredpoppy Member Posts: 8 Listener
Can someone please help me as I am going round in circles.
I am appealing my failed ESA medical I am already on the assessment rate of £73 whilst waiting to hear for a date. I live alone and claim PIP standard rate I was also getting a disability premium as I live alone (my ESA is income related) what I would like to know is, should I still be receiving the disability premium because if so, I am not and the DWP say I am not entitled to it. Any help please because not sure how a person living alone can survive on £73 pounds my appeal could be months and months away.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited April 2018
    The severe disability premium is paid on income Related JSA/ESA and Income Support. For ESA it's paid whether you're in a group or not, so yes you're entitled to it if your circumstances haven't changed since you previously received it.

    If payment stopped because you weren't receiving JSA after you were found fit for work then you have to re-apply for SDP as it won't automatically be re-started.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • redpoppyredpoppy Member Posts: 8 Listener
    Thank you how do I re-apply.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The same way you did before, ring ESA.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • redpoppyredpoppy Member Posts: 8 Listener
    I rang DWP yesterday and they still tell me NO not allowed until I win my appeal. I asked to speak to a manager, who (I was told will ring me back on Monday) due to the lateness of the day.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi redpoppy,

    Unfortunately you don't always get the correct advice from the DWP. 
    It doesn't matter what stage your ESA claim is at, if you live alone and you do not have a carer claiming Carer's Allowance, and you receive either rate of the daily living component of PIP, you are entitled to the Severe Disability Premium and you should have an additional £64.30 added on to your weekly ESA entitlement. Please be assured, that the advice you are receiving on this forum is correct and that the DWP have it wrong.
    I hope, next time you speak to someone from ESA, that you speak to someone who knows what they are doing! It really is a simple issue that they shouldn't be getting wrong. Please persevere with it. Good luck.

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • redpoppyredpoppy Member Posts: 8 Listener
    Lee maybe this is something scope and the other organisations could take up with the DWP as they are still telling me (and I suspect others) that SDP is NOT payable with the appeal rate of payment whlst waiting for your tribunal I have been told this several times. It will be backdated if appeal won, but not paid in the meantime. I am tired of ringing and asking I have MH problems and out of my depth each time I come away with a negative answer I go into a down. I live alone so finding it all difficult.  I do not know how anyone is meant to survive on £73 a week I am 61 and so blooody fed up with it all. I passed my PIP medical a few weeks ago, with the same illness ESA refused me, the reason being I had someone who took the time to ask me about my illness.

    I can't fight this part anymore as I have enough stress waiting for my appeal.

    Thanks for your time and help.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited April 2018
    SDP is payable when on assessment rate of ESA and you're on assessment rate, therefore it's payable. I'd advice you to ring CAB and make an appointment to see them. I would also advice you to email your local MP and tell him/her exactly what is happening. You can find your local MPs details by putting your postcode in here.
    https://www.parliament.uk/mps-lords-and-offices/mps/

    https://www.turn2us.org.uk/Benefit-guides/Severe-Disability-Premium/What-is-a-Severe-Disability-Premium


    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Is it the SDP you've specifically  asked for? You can also ring them back and ask for a manager to ring you back. You should then have a phone call within 48 but usually it's sooner than that. Its 100% payable while on assessment rate of ESA.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • redpoppyredpoppy Member Posts: 8 Listener
    Thank you poppy123456 I have spoken to a manager and it was they who told me I am not entitled. I am scared to get my MP involved becase of any comeback from the DWP I truly cannot handle anymore the system grinds you down. They have even lost my original SMI form and the replacement I was promised has stil not arrived 10 days later (more phone calls) and more stressful waiting. I will wait and trust I win my appeal. Just writing this has made me tearful as it reminds me how hard it has all become.
  • redpoppyredpoppy Member Posts: 8 Listener
    Forgot to say it was the SDP I asked for.

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger

    Eligibility

    To qualify for a disability premium with Income Support or income-based Jobseeker’s Allowance (JSA), you or your partner must be under pension credit age and either registered blind or getting:

    • Disability Living Allowance (DLA)
    • Personal Independence Payment (PIP)
    • Armed Forces Independence Payment (AFIP)
    • Working Tax Credit with a disability element
    • Attendance Allowance
    • Constant Attendance Allowance
    • War Pensioners Mobility Supplement
    • Severe Disablement Allowance
    • Incapacity Benefit

    If you don’t qualify, you may still get the premium if you’ve been unable to work for at least a year.

    Use a benefits calculator to check your eligibility.

    Severe disability premium

    You may get this if you get any of the following:

    • the disability premium
    • the higher pensioner premium
    • income-related Employment Support Allowance (ESA) - you can be in either the support or work-related activity group

    There are 2 rates of severe disability premium, depending on whether your partner also qualifies.

    Rate if you qualify

    You’ll get this if you meet all of the following conditions:

    • you live alone
    • you get the middle or highest rate of DLA care component or the daily living component of PIP or AFIP
    • no-one gets Carer’s Allowance for looking after you

    You may also get it if you meet all these conditions:

    • you have a partner and no one else lives with you or your partner
    • Carer’s Allowance is paid for only one of you
    • you both get the daily living component of PIP, AFIP or Attendance Allowance or the middle or highest rates of the care component of DLA

    You may still get it if you meet all of these conditions:

    • you have a partner who is registered blind
    • no one lives with you and your partner
    • you get the middle or highest rate of DLA care component or the daily living component of PIP or AFIP
    • no-one gets Carer’s Allowance for looking after you

    This is from gov site so you can quote it to the ignorant ****

    CR

    Be all you can be, make  every day count. Namaste
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    redpoppy said:
    Thank you poppy123456 I have spoken to a manager and it was they who told me I am not entitled. I am scared to get my MP involved becase of any comeback from the DWP I truly cannot handle anymore the system grinds you down. They have even lost my original SMI form and the replacement I was promised has stil not arrived 10 days later (more phone calls) and more stressful waiting. I will wait and trust I win my appeal. Just writing this has made me tearful as it reminds me how hard it has all become.
    I'm not sure what you mean by "comeback" from DWP. You're clearly entitled to this SDP even though you're in assessment phase of ESA. Every person you've spoken to at DWP, including that ignorant manager is wrong! With out any doubts you're entitled to it! Ring them back quoting what CR posted above.

    If it was me then i would have got my MP involved a long time ago.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • redpoppyredpoppy Member Posts: 8 Listener
    I mean comeback on any future medicals etc lots of people feel the same as me. Increased medicals, and the likes there are stories that once you raise your head above the parapet you are not forgotten.  If I did not live alone and had family to help me I would but being alone makes me less brave. Pathetic I know .
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Contacting your local MP about a disability premium that you're clearly entitled to and DWP saying it's not payable while waiting for your Tribunal will not comeback on you.

    I contacting my local MP a few years ago about an issue that i had with money from DWP, 2 weeks later the money was in my bank. It's never ever come back on me. Sometimes people read far too much on the internet and worry theirself needlessly.

     I'm afraid i can't advice you anymore regarding this but you shouldn't just let this go. Contacting your local MP maybe the only way to get them to listen. Good luck.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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