Employment and Support Allowance (ESA)
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Help! Enhanced disability premium

Hi. I am new on here, and hoping I can get some help!
I am on PIP, since 2013 and only  recently was made aware that I was not receiving the Enhanced Disability Premium. I was told, by ESA this should have started in September 2014, when my daughter moved out, and that I should be paid arrears back to that date. I have made two further calls to ESA to get an update, and was told it was taking some time to do the paper work, but I would probably get the payment before the letter. Today ESA called me to say I was NOT entitled to any arrears, due to a strict law, and have paid me two weeks arrears,  from the date I rang them to claim the EDP.
I questioned it, and was advised I could ask for it to be looked at again, but that the outcome will be the same! So now I don't know what to do!

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Being entitled to the Income Related EDP top up on your ESA will have nothing to do with your daughter moving out in 2014 because it's your benefit claim and not your daughters.

    Those that are entitled to the income related top up are those that were moved from Incapacity benefit to ESA and were placed onto Contributions based ESA and not assessed for the Income Related top up. EDP is currently £16.40 per week and is payable automatically to those in the Support Group ESA on Income Related.

    Income related top up being successful back all those years ago will depend on your circumstances back than. If you lived with a partner that worked, household income, savings/capital all count against qualifying for the top up.

    You mention a PIP award and i'm wondering if you're confused by the EDP and SDP premiums. They are completely different and have different criteria.  SDP is payable to those that claim daily living PIP, DLA mid/high rate care, live alone or classed as living alone and no one claims carers allowance for looking after them. It's currently an extra £64.30 per week on top of your ESA. Is this the one you mean and not EDP? 
    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.
  • sammyjay137sammyjay137 Member Posts: 4 Listener
    Hi. Yes am muddled. Sorry it's the SDP. They said I should have been on it when I started living alone. And that they thought my daughter was still living with me...even though I had told them, and they could see by my housing benefit and council tax that I was on my own. I was told the money would be back dated  and then told it should be in my account in a few days. Today I was told o can't get any arrears due to the Law. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The law?
    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.
  • sammyjay137sammyjay137 Member Posts: 4 Listener
    He said due to strict laws, I cannot be issued back pay, only to the date I put in the claim, which was 24/09/18. I received payment of £128, which was for 2 weeks back dated. I have asked for a mandatory reconsideration, but he said the decision will be the same 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited October 2018
    It maybe because you didn't claim it when your daughter moved out. SDP isn't automatically awarded because of the criteria.

    I'm not sure what the rules are on backdating SDP if you didn't claim it because you didn't know it existed. Backdating a benefit like this is usually either backdated because you couldn't claim it because you were claiming Contributions based, or because you were waiting for a PIP decision.

    I'd advise you to get further advice from either your local CAB or law centre.
    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.
  • sammyjay137sammyjay137 Member Posts: 4 Listener
    Thank you so much, I'm really grateful. X
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