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ESA contribution based and addition of income related going back years!
Hi
I recently met with a client who had been told by 2 previous advisers that he was entitled to the severe disability premium and each rang ESA and did the IS10 form. When I rang ESA today, they advised that a letter had been issued to the client explaining why he was not entitled to the SDP as he was only getting ESA(CB) etc.
The client has been receiving ESA (Support Group)(CB) since 2005/6 and has been on DLA (MRC indef).
My question is, could anything be done now to seek some kind of financial resolution for the missed SDP? I’ve looked at https://askcpag.org.uk/content/207210/old-style-esa-who-can-get-it
The client has schizophrenia, dyslexia and ADHD and cannot recall if he was ever contacted by ESA or if anyone else did on his behalf until recently.
One obstacle if it were possible would be the fact that the client didn’t live on his own until July 2021, he lived with his mother who passed away in December 2020 and was then homeless. As the UC SDP gateway was closed in January 2021 could ESA say the client should have claimed UC then/ESA (IR) couldn’t be added?
Thanks
[ Edited: 7 Aug 2024 at 04:23 pm by JojoMitchell ]If your client is on old-style cESA, there is no reason why there can’t now be a supersession to introduce irESA inclusive of premiums such as the SDP. The effective date of supersession (and extent of backdating) would depend on the history.
Really, I think the immediate problem is that your client needs to be filling out an ESA3 rather than an IS10. If his award is currently only of cESA, then the DWP won’t have the information needed to means-test him as the IS10 does not collect this.
Thank you Elliot, have no idea why no one did the ESA3 before. As I can’t locate an ESA3 form online, I’m assuming i’ll need to request a supersession in writing.
[ Edited: 7 Aug 2024 at 04:43 pm by JojoMitchell ]I have a PDF copy and can email it to you?
Yes please! Awesome! Have messaged you :)
Done!
Thank you
[ Edited: 8 Aug 2024 at 11:07 am by JojoMitchell ]If your client is on old-style cESA, there is no reason why there can’t now be a supersession to introduce irESA inclusive of premiums such as the SDP. The effective date of supersession (and extent of backdating) would depend on the history.
Really, I think the immediate problem is that your client needs to be filling out an ESA3 rather than an IS10. If his award is currently only of cESA, then the DWP won’t have the information needed to means-test him as the IS10 does not collect this.
Would this type of case not have been picked up by the Review that was completed several years ago?
That’s what I thought…client can’t remember if he was contacted at the time.