I've just seen this Q and A on the CPAG web site:
'...Q - I've been told that anyone on SSP will not be able to claim ESA. What will happen to those whose only income is SSP but who are part of a couple, or who have housing costs?
A - Those entitled to SSP will still be able to claim a top up of Income Support. Para 7(d) of Schedule 1B of the Income Support General Regulations 1987 has not been amended or revoked...'
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The ESA TP Reg 2008/795 only clobbered (a) and (b) of Para 7 of Schedule 1B. If Para 7(d) is still available (it is the route to IS whilst on SSP), then presumably a single person could also opt to go sick on IS during the SSP period, as long as their applicable amount outruns the £75.40 SSP. This could include not only couples and those with housing costs, but also those single people qualifying for IS disability or carer premiums. If so, I assume this could embrace disability premium, since the claimant would not at that stage be on ESA. When the SSP period expires, the claimant goes onto ESA in the normal way, losing any disability premium along the way. Is that right? What a mess!
Backtracking, what about those who would need housing costs in their IS Applicable Amount, in order to overtake the SSP income level? If they make a forward claim for IS during the SSP period, by the time the housing costs click in, they would be off IS anyway, because the SSP period would have finished!?!
I do hope I have got this wrong...Any thoughts?
Steve
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