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ESA SDP couple claims and SDP gateway on death of lead ESA claimant
Written question yesterday asked
’… since January 2019 how many universal credit claimants who had an underlying entitlement to severe disability premium (SDP) have not been able to claim employment and support allowance (ESA) following the death of a partner who was the lead claimant in a previous joint ESA claim and who also had entitlement to SDP.’
(seeking details of the gap in SDP Gateway rules that only apply to the ‘claimant’ of SDP) ..... DWP responded that it does not hold or record this information ...
DWP did howver set out the number potentially affected in another written answer -
In November 2018 there were 9,500 live couple cases of ESA(IR) where the lead claimant was in receipt of a SDP at the couple rate.
This was as a result of us raising this issue with the client’s MP (the issue having already been raised and highlighted on this very forum by the HBA). Tomlinson’s answer appears confused. “These claimants continue to be able to maintain, or make, a claim to legacy benefits” is not what is happening but I think he is confused as to what a “claimant” is. Though to be fair, in the other answer he talks about “lead claimants”, so perhaps this is what he is referring to.
Incidentally, earlier this week, we encountered another client in exactly the same circumstance resulting in the loss of SDP entitlement because of the death of the “lead” claimant, so will be raising the issue with their MP.
Unfortunately I don’t think either client will have the strength or resilience (even with support) to be able to pursue this matter under equalities legislation.
We have a client to whom this applies, and would appreciate any guidance you may have. We spoke to DWP today, and they said that the client must check whether they have an SDP applied to their Housing Benefit…. Situation before bereavement was that each partner claimed carer’s allowance to care for each other, joint ESA claim and each had PIP with daily living element, plus housing benefit. Last ESA payment, which may have been an overpayment, was made on 27 July. Partner died on 3 July. Carer’s allowance has run on. Client being pushed to claim Universal Credit…. Any ideas?
We have a client to whom this applies, and would appreciate any guidance you may have. We spoke to DWP today, and they said that the client must check whether they have an SDP applied to their Housing Benefit…. Situation before bereavement was that each partner claimed carer’s allowance to care for each other, joint ESA claim and each had PIP with daily living element, plus housing benefit. Last ESA payment, which may have been an overpayment, was made on 27 July. Partner died on 3 July. Carer’s allowance has run on. Client being pushed to claim Universal Credit…. Any ideas?
The question is who is actually the claimant for ESA and HB. There is no such thing as a “joint” claim for either - there is only a claimant and a partner. Whose name are the benefit letters sent to?
If the partner dies, the award survives so SDP entitlement arises and the gateway applies.
However if the claimant dies, then the award ends with the consequence that there is no award to apply the SDP to and the gateway can’t apply.
We have a client to whom this applies, and would appreciate any guidance you may have. We spoke to DWP today, and they said that the client must check whether they have an SDP applied to their Housing Benefit…. Situation before bereavement was that each partner claimed carer’s allowance to care for each other, joint ESA claim and each had PIP with daily living element, plus housing benefit. Last ESA payment, which may have been an overpayment, was made on 27 July. Partner died on 3 July. Carer’s allowance has run on. Client being pushed to claim Universal Credit…. Any ideas?
The question is who is actually the claimant for ESA and HB. There is no such thing as a “joint” claim for either - there is only a claimant and a partner. Whose name are the benefit letters sent to?
If the partner dies, the award survives so SDP entitlement arises and the gateway applies.
However if the claimant dies, then the award ends with the consequence that there is no award to apply the SDP to and the gateway can’t apply.
So where possible it makes sense to try and arrange for HB to be in name of one person and ESA claim in name of the other.