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PIP/Disability Premium Query

yellow2018

Hello,
I have a multi-stranded query on behalf of a friend I help. I appreciate this is a complex query, so even a partial answer is appreciated.

Firstly, they had been denied PIP as a new applicant. They were in the appeals process, awaiting their Tribunal Date, but the DWP have now offered them Standard Daily and Enhanced Mobility, which they have accepted and are waiting for their confirmation letter and PIP Payments to start. They are currently in receipt of Income Support (because her child is under 5), as well as Housing Benefit. They also receive Child Benefit and Tax Credit.

From reading GOV.uk, it states that a person can receive more than one Disability Premium on eligible Benefits. This seems slightly ambiguous. My query is that as both Income Support and Housing Benefit are eligible, will she receive the Disability Premiums on top of her income support and also on top of her Housing Benefit, or does this only get added to one eligible Benefit and, if so, do the DWP randomly choose which Benefit to add the Disability Premiums to, or does she make the choice? If she makes the choice, is there a reasoning/advantage to choosing one over the other?

The Second strand of my query relates to her potentially changing from Income Support to applying for Income-related esa, as I believe this would be in her long-term interests, as gov.uk says she would now be eligible to apply for the 'legacy' income-related esa, as she is going to be in receipt of severe disability premium. She definitely meets the criteria to receive support group. In my opinion It would appear to be in her interests to do this, as she will only receive income support up to when her child is 5, and then she will no longer be eligible for it by the looks of it. At that point, she could not go applying to get the equivalent payment from Universal Credit, as this would be a disastrous thing to do, as it would lose her disability premiums.

I just want to clarify with anyone who has knowledge of this kind of thing whether I am correct in saying that once she is getting the severe disability premium, she should then apply for income-related ESA, so she will cease to receive Income Support, and be in receipt of Assessment Rate esa, and then should eventually get to support group after being assessed, which would provide the equivalent money, as she would still be entitled to the severe disability premium on top, and the support group of esa incorporates the initial disability premium. This would appear to be necessary to do before they begin managed migration to universal credit, as she definitely cannot go through universal credit as it would lose her disability premiums. Ultimately, I wanted to check and ensure whether there are any flaws to my logic/doing this, such as triggering Universal Credit, losing any other money esc?

Thank you for your time. I hope someone can help me clarify her situation.

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Comments

ste1965

Hi i was very recently in the same boat as your friend i also get income support but now i get PIP as well i get a Disability Premium of £33.55 added to my income support and because no one claims carers for looking after me i also get severe disability premium of £65.85 added to my income support as well so im £99.40 better of a week.

poppy123456

Hi,

There's a lot of questions here but i'll do my best to answer them.

Firstly there's 2 disability premiums available on Income Support. Disability premium of £34.35 per week and severe disability premium of £65.85 per week but this premium is only paid if you live alone or classed as living alone. Enhanced disability premium isn't payable when claiming Income Support.

There's 2 disability premiums available on ESA Income Related, the Enhanced disability premium £16.80 per week, which is automatically paid if you're in the support group, otherwise it's only payable if you're claiming Enhanced daily living. Also the severe disability premium is paid if the criteria applies. The disability premium of £34.35 isn't payable when claiming ESA.

If she claims SDP then yes she will be able to claim Income Related ESA but she'll need a fit note from her GP. If she's eventually placed into the Support Group she'll also receive the Enhanced disability premium.

SDP is included with housing benefit but you don't receive any extra payments. It's just there to increase the amount of Income a claimant can receive before seeing any deductions in the amount you can claim. She won't be able to claim anymore housing benefit than her circumstances allow her to. If she's living with just her son then she's entitled to the 2 bed rate for her area.

She'll also be exempt from the benefit cap.

This link explains all the disability premiums and the criteria to claim them. https://www.entitledto.co.uk/help/disability-premiums-in-benefits

poppy123456

Figures are as follows and are per week.

Income Support £71.10 + disability premium £34.35 + SDP £65.85 Total amount. £173.26. Premiums are backdated to the start of the PIP claim, if she qualified for the SDP at the start of the PIP award then this is also backdated.

ESA assessment rate £73.10 + SDP £65.85. Total amount £138.95.

If placed into the Support Group the following amount will be paid from the 14th week of her claim, backdated to this date if the decision takes longer. £111.65 for being in the Support Group + £16.80 Enhanced disability premium +£65.85 SDP. Total amount. £194.30.

If placed into the WRAG she will receive the same amount as the assessment rate £138.95 because she started her claim after April 2017.

If she's affected by the benefit cap at the moment, any housing benefit owed will also be backdated to the start of her PIP award.

Hope this helps.

Just to add, non of the above will trigger a move to UC because those claiming SDP are unable to claim UC until at least January 2021.

yellow2018

Thank you Poppy... As always, that answer is incredibly insightful and useful for me. Best Regards.

poppy123456

yellow2018 said:

Thank you Poppy... As always, that answer is incredibly insightful and useful for me. Best Regards.

You're very welcome.

yellow2018

Hello again,

I would just like some clarification as a result of the DWP now awarding Enhanced on both components, so she will get all three of the premiums. For the long-term, would it still be better for her to change to income-related esa, or is there any way that, based on her current circumstances, she can stay on income support beyond her Child reaching 5? Obviously, I want her to avoid getting to the point her Child is 5, then losing the income support and not being able to claim the equivalent income benefit (i.e. the income related-esa), as Managed Migration to UC will have started by then. I would appreciate your advice.

poppy123456

Once her child reaches 5 then she won't be able to remain on Income Support because she'll no longer qualify.

As the rules for those claiming SDP prevents them claiming UC until at least January 2021 then it will depend on when her child reaches 5. If it's before this date then when the time comes she will be able to claim Income Related ESA.

If it's after that date then i'd advise claiming Income Related ESA before the rules change

yellow2018

Okay Poppy, I will start the process of that with her. Thanks again for the help. Regards.

poppy123456

No problem. I'm assuming the child reaches the age of 5 quite soon?

poppy123456

Chobbly said:

Poppy

I receive UC single mans over 25 and lcwra
PIP Enhanced for both

So do i receive Enhanced premium? whatever that is!..

And are UC told automatically that i now receive PIP...I have informed UC in my journal, but it doesnt seem to get read much.,

Hi,

As you're claiming UC then the premiums don't exist for this unfortunately. The disability premiums are only paid on the old legacy benefits such as Income Related ESA/JSA and Income Support.

The LCWRA on top of the standard allowance for over 25's is actually more than ESA with the Enhanced disability premium, if worked out correctly as a monthly payment.

UC are part of DWP so they should already know you're claiming PIP. However, a PIP award doesn't automatically entitle you to more UC unless you're under 35 and claiming the housing element and privately renting.