urgent help needed (esa/dla)

idvi

my friend has esa support group just awarded but lives in a supported care home with independent flats (so he sort of has his own place)

the on site carers/admin sort out his benefits, and his esa has been awarded. he also has low rate mobility and low rate care both indefininte awards.

the place where he is living says esa do not give him the full rate because he only had low rate care and mobility. i think they are lying as ive never heard about this before, and i got esa before i even got dla.

i think they are lying and trying to rip my friend off as he has no idea about money. they already take his dla understandably as they provide his care needs. money is paid to them, not him and he is given £45 in cash every week, same as he was for the whole of the assessment period and appeal. apparently his money doesnt go up because esa dont give him the £96 a week or whatever it is. basically i want confirmation they are lying?

Jowo_2

How long has he lived in this property and is it classed as residential care? Yesterday's spending review by the government proposed that the mobility component of Disability Living Allowance will be removed for people living in residential care. I don't know when this takes effect but it seems that at some point, residents in care homes will not get paid the mobility part of DLA.

http://www.money.co.uk/article/1005982-a-summary-of-the-twenty-ten-spending-review.htm

Is your friend able to call the relevant social security departments directly to verify his actual award and ask the home for a written breakdown of its charges?

AsknAnswer2

If the money is going to them rather than him that will be because either he gave permission for it to be paid to them, or because they are POA for him.

With ESA it will only be reduced if it's income related and he has income or savings which would affect it. DLA payments do not result in a decrease of ESA, regardless of the rate he gets.

Are you sure that they are not confusing DLA with ESA? Or perhaps they think that the "full rate" of ESA includes the disability premium - because wouldn't get that because he's on the low rate of DLA.

His ESA should be £96.85 per week
His DLA should be £18.95 care plus a further £18.95 mobility.

idvi

hi guys, thanks for the replies

there is no confusion in the sense that i have seen in writing that he has the dla award and the esa support group (the esa support group was only awarded 2 weeks ago on appeal).

basically he was told that they were going to up his weekly cash to £70 a week (especially seeing as he has only just been to a esa medical), and they take the rest for whatever, some bills and for looking after his care needs.

they have categorically said that jobcentre isnt paying the full esa rate, but only the assessment rate, and they say this his because he gets dla. basically it sounded like the biggest load of crap ever.

either they are lying, or jobcentre is really inept and they dont realise it.

they are his apointees as opposed to a p.o.a, which he agreed and set up but on the basis they said they were going to be giving him more than they are now.. if anything he is worser off than when he was handling his own money. he has aspergers and had seldom understanding of all this sort of thing

AsknAnswer2

ESA is never reduced because of DLA. ESA can only ever be increased due to DLA - but this would not apply in your friend's case because the rate of DLA doesn't qualify him for any disability premium.

It may be that they are telling the truth in respect of the sum he is getting - if he has only just been placed in the support group, the DWP may not yet have increased his payments, particularly if there are arrears to be calculated. Or it may be that they are not telling you exactly what he is getting. If they genuinely believe that the DWP are reducing his ESA due to DLA then as his appointee they have an obligation to challenge this on his behalf as soon as they are informed that this is not something that DWP should be doing.

jellybaby1969

AsknAnswer2 wrote: »

If the money is going to them rather than him that will be because either he gave permission for it to be paid to them, or because they are POA for him.

With ESA it will only be reduced if it's income related and he has income or savings which would affect it. DLA payments do not result in a decrease of ESA, regardless of the rate he gets.

Are you sure that they are not confusing DLA with ESA? Or perhaps they think that the "full rate" of ESA includes the disability premium - because wouldn't get that because he's on the low rate of DLA.

His ESA should be £96.85 per week
His DLA should be £18.95 care plus a further £18.95 mobility.

How did you calculate the ESA rate..? As i believe you forgot to add on EDP at 13.65 as he is in the Support group = 110.50

MrsManda

jellybaby1969 wrote: »

How did you calculate the ESA rate..? As i believe you forgot to add on EDP at 13.65 as he is in the Support group = 110.50

I believe AsknAnswer2's figures come from the direct.gov.uk ESA Rates which states that

A single person in the Support Group up to £96.85

jellybaby1969

MrsManda wrote: »

I believe AsknAnswer2's figures come from the direct.gov.uk ESA Rates which states that

EDP - Enhanced disabiltiy premium payable to those on High level care component or those in the support grp. Figs are only good if you know which ones apply.

MrsManda

jellybaby1969 wrote: »

EDP - Enhanced disabiltiy premium payable to those on High level care component or those in the support grp. Figs are only good if you know which ones apply.

He doesn't get high level care component so wouldn't he only get the EDP if his ESA has been granted for a year?
Disability Premiums Direct.gov

DX2

8.2.2 If you are placed in the support group

If you are on contribution based ESA you may get:

• under 25 – £65.45
• age 25 and over – £65.45

You will also get a support component of £31.40.
If you are on income-related ESA you may get:

• single and under 25 – £79.10 (including an enhanced disability premium of £13.65)
• single and age 25 and over – £79.10 (including an enhanced disability premium of £13.65)
• lone parents age 18 and over - £79.10 (including an enhanced disability premium of £13.65)
• couples age 18 and over - £122.40 (including an enhanced disability premium of £19.65)

You will also get a support component of £31.40.
Everyone in the support group, who is on income-related ESA, gets the enhanced disability premium (included in the figures above). You may also be able to get additional premiums and housing costs.

Enhanced disability premium

You or your partner must satisfy one of the following:

• be in the support group
• be under the qualifying age for pension credit and receiving the high rate care component of disability living allowance

If you have a partner you will be paid a higher couple rate of this premium.

jellybaby1969

MrsManda wrote: »

He doesn't get high level care component so wouldn't he only get the EDP if his ESA has been granted for a year?
Disability Premiums Direct.gov

The fact is that he is in the support grp he would qualify for EDP