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Benefits

timis2
timis2 Member Posts: 29 Listener
Hi can anybody help me please.
I am after advice
I have a spine condition
I have a med 3 cert stating I can only work 10 hours a week 
I have claimed new style esa and get pip enchanced rate
ESA are saying I cant claim sdp.but can claim limited capacity for work from universal credit is this right.

Comments

  • janer1967
    janer1967 Member Posts: 12,935 Disability Gamechanger
    Hi 

    It depends on your circumstances for SDP as you must live alone or with someone else who claims disability benefits 

    As for your ESA have you been through the work capability assessment and placed in one of the support groups 

    I'm not sure you should go to UC if you are already on new style ESA

    Hopefully one if our benefit experts will help you further 
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • timis2
    timis2 Member Posts: 29 Listener
    Yes I live alone 
  • Ross_Scope
    Ross_Scope Posts: 5,466

    Scope community team

    Hello @timis2, hope you're well :) 

    Just to let you know I have moved your discussion to our what benefits am I entitled to category.
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  • poppy123456
    poppy123456 Member Posts: 24,868 Disability Gamechanger
    edited October 2020
    Hi,

    I answered all your questions in great detail quite a few weeks ago and it's all in this thread here.

    You can't claim the SDP because the ESA you're claiming is New style ESA and the disability premiums are not payable on this ESA, which was previously advised.

    As you're already sending in fit notes, but you keep calling then med3 certs, you will eventually be assessed for the work capability assessment. Once the decision is made on this then you'll either be found fit for work, be placed into either the WRAG or Support Group. If placed into the Support Group then you'll recieve extra money from the 14th week of your claim (total amount £113.55 per week)

    I'd advise you to get some advice from an agency near you because you seem very confused by New style ESA and Universal Credit., It is very difficult to give advice like this on an internet forum.
  • chiarieds
    chiarieds Community Co-Production Group Posts: 11,102 Disability Gamechanger
    Hi @timis2 - SDP can be claimed if you have income related ESA, but not New style ESA. If you claim UC then your New style ESA is classed as income, & would reduce your UC by the same amount. Please see: https://www.gov.uk/guidance/new-style-employment-and-support-allowance-detailed-guide
    Was just trying to answer, but see Poppy has already done so. As she advises, please try to get some local advice. Put your postcode in the following link to see what's available near you: https://advicelocal.uk/
  • timis2
    timis2 Member Posts: 29 Listener
    So it states on internet if you are in reciept of pip enchanced rate you should not need limited capacity for work assessment as you should automatically qualify is this right 
  • janer1967
    janer1967 Member Posts: 12,935 Disability Gamechanger
    No that's not right at all they are different benefits with different criteria and different assessments 

    I get both and went through both assessments 

    You can get PIP and still work 
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • poppy123456
    poppy123456 Member Posts: 24,868 Disability Gamechanger
    timis2 said:
    So it states on internet if you are in reciept of pip enchanced rate you should not need limited capacity for work assessment as you should automatically qualify is this right 

    I have no idea where you've read this but it's definitely not correct. I did advise you on this several weeks ago.
  • timis2
    timis2 Member Posts: 29 Listener
    On every benefits caculator it says if I get esa I can get sdp.i am now on esa but they say as it's new style esa I cant get sdp.so speak to uc.
    Uc say no.i cant get any disabilty premiums.
    I would like to work 16 hours and get tax credits (in the future) but cant get tax credit as I dont get sdp.
    This is what I dont understand.
    Pip is not a means tested benefit so should not be used in any calculations
    I live alone ..have a mortgage.. I do not claim housing benefit 
    I have been on every benefits calculator and they all say I'm entitled to sdp.any advice would be appreciated
  • poppy123456
    poppy123456 Member Posts: 24,868 Disability Gamechanger
    edited October 2020
    A benefits calculator is only as good as the information you put into it. In the benefits calulator if you click the income related ESA box, then it will tell you that you're entitled to SDP. Have a look at this link here and it's tells you the eligibility criteria to claim any of the disability premiums, including the SDP. https://www.gov.uk/disability-premiums/eligibility

    It says the following....

    Disability premium payments can be added to your:

    • Income Support
    • income-based Jobseeker’s Allowance (JSA)
    • income-related Employment and Support Allowance (ESA)
    • housing benefit
    You do not claim any of the above benefits, you're claiming New style ESA and this is a contributions based only benefit and no disability premiums are available with this.

    There's no disability premiums paid when claiming UC because they don't exist.

    You can't claim tax credits because it no longer exists for new claims.

    Your PIP isn't being used to calculate any benefits.

    We are just going round in circles and i seem to be constantly repeating myself here.


  • Adrian_Scope
    Adrian_Scope Posts: 8,192

    Scope community team

    Hi @timis2. I just wanted to check in and see how you're getting on?
    As others have mentioned, unfortunately in your situation you can't claim SDP as it can only be added to income-related benefits (and New Style ESA isn't one).

    Have you looked at comparing what you receive on NS-ESA with what you'd receive on Universal Credit? It may be that one pays more than the other for you. 
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  • poppy123456
    poppy123456 Member Posts: 24,868 Disability Gamechanger
    Hi @timis2. I just wanted to check in and see how you're getting on?
    As others have mentioned, unfortunately in your situation you can't claim SDP as it can only be added to income-related benefits (and New Style ESA isn't one).

    Have you looked at comparing what you receive on NS-ESA with what you'd receive on Universal Credit? It may be that one pays more than the other for you. 

    Hi Adrian,

    I believe that timis is already claiming UC as well as NsESA. I remember advising this member a few weeks ago, although it was on another persons thread.
  • timis2
    timis2 Member Posts: 29 Listener
    Hi yes I'm on new style esa the whole benefits situation is a nightmare to be honest.new style esa means u can claim disability element from u credit but this takes 13 weeks as gave to wait for assessment .
    It states on internet if you av a disabilty which means you cant work full time and are in reciept of pip you should automatically qualify but this is not the case as you still have to have assessment apparently .so I am now on new style esa and enchanced rate of pip but still av to wait for u credit .
  • poppy123456
    poppy123456 Member Posts: 24,868 Disability Gamechanger
    timis2 said:
    Hi yes I'm on new style esa the whole benefits situation is a nightmare to be honest.new style esa means u can claim disability element from u credit but this takes 13 weeks as gave to wait for assessment .
    It states on internet if you av a disabilty which means you cant work full time and are in reciept of pip you should automatically qualify but this is not the case as you still have to have assessment apparently .so I am now on new style esa and enchanced rate of pip but still av to wait for u credit .

    There's no disability elements of UC. You are talking about the LCWRA element, which is completely different. Receiving PIP doesn't automatically entitle you to LCWRA because they are 2 completely different benefits. People claim PIP and work.

    Your understanding of what the work capability assessment is all about is very limited and this isn't helping you at all. You're reading things and making assumptions.

    As i have advised many times to you, once you've had the work capability assessment and a decision is made on your claim then you will either be given LCW or LCWRA or be found fit for work. Only LCWRA will entitle you to extra money.
  • pinklouise
    pinklouise Member Posts: 2 Listener
     Hello good morning, me and my husband are profoundly deaf.

    My husband has been off sick from work due to extreme stress, anxiety and investigation for possible work related asthma or COPD, appointment with asthma nurse tomorrow for test.

    We have pay the rent and bills out of our own pocket so i wonder is it possible to apply housing benefit and council tax now while my husband is off sick from work ? As I am very worry and don’t want make any mistakes with benefits while my husband is off sick from work.

    We have 5 years old daughter and have child tax credit, working tax credit, I have my own ESA support group and PIP but my husband don’t have ESA and current he is on middle rate DLA and in process apply for PIP for himself.


  • janer1967
    janer1967 Member Posts: 12,935 Disability Gamechanger
    Hi @pinklouise

    I am not too sure about the answer it may mean you putting in a joint claim for UC but then tax credits would stop 

    Or your husband claiming his own esa if eligible 

    I suggest you get some expert advice from welfare rights before you do anything 

    Sorry I cant help more 
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • Tori_Scope
    Tori_Scope Posts: 6,715

    Scope community team

    Welcome to the community @pinklouise :) 

    I've made your comment here into its own post so that our other members can find it more easily. You can view your new post here. 
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