denied severe disability payment

lor6126

Hi everyone, have had good advice here in the past and wonder if someone can answer a question for me.
I found out recently i should be receiving severe disability allowance as i am on esa income related, and the care part of PIP. I also live alone and noone claims carers allowance for me.
I phoned to request a IS10 form, filled it in and sent it back.
Today, while on phone to them querying something else i asked about the progress of my claim for the disability payment and was told i cannot claim this due to me being on assessment rate esa pending my appeal.
Can anyone confirm if this is correct ? or direct me to legislation i can call them back with supporting my entitlement? .

Indie_Kid

It shouldn't matter what rate you're on.

lor6126

Thats what i thought, Indie Kid but i cant find any legislation to back this up.

Limara

lor6126 wrote: »

Hi everyone, have had good advice here in the past and wonder if someone can answer a question for me.
I found out recently i should be receiving severe disability allowance as i am on esa income related, and the care part of PIP. I also live alone and noone claims carers allowance for me.
I phoned to request a IS10 form, filled it in and sent it back.
Today, while on phone to them querying something else i asked about the progress of my claim for the disability payment and was told i cannot claim this due to me being on assessment rate esa pending my appeal.
Can anyone confirm if this is correct ? or direct me to legislation i can call them back with supporting my entitlement? .[/QUOTE
FROM THE GOV WEB SITE
Severe Disablement Allowance has been replaced with Employment and Support Allowance (ESA) - Jobcentre Plus will re-assess your Severe Disablement Allowance claim to see if you’re capable of work or eligible for ESA.
Your claim won’t be re-assessed if you’ll reach State Pension age before 6 April 2014.
THE FULL INFO IS HERE https://www.gov.uk/severe-disablement-allowance

Indie_Kid

The OP is on about the severe disability premium.

richard9991

lor6126 wrote: »

Thats what i thought, Indie Kid but i cant find any legislation to back this up.

Severe Disability premium is paid with any of the following income related beneffits ESA/ INCOME SUPPORT/ JOB SEEKERS ALLOWANCE/ PENSION CREDIT. As long as you live alone have under £6000 in savings and get either DLA paid at the high or middle care component PIP paid at any care rate or Attendence allowance paid at any rate and know one get carers allowance for you.

Limara

lol sorry thought i found out something useful

lor6126

Hi everyone, i am getting no further forward as they still tell me on the phone i am not entitled. can anyone point me to legislation i can quote them to prove my entitlement as i just dont know where to turn next.
Thank you.

missapril75

Just a thought.....

ESA came in after my time working for DWP so I'm not au fait with it.

But you say you are on the assessment rate pending an appeal.

I am guessing that this is the equivalent of reduced rate Income Support that would have been due in similar circumstances back "in my day" when someone was getting it pending an appeal about fitness for work.

In such circumstances, the reduced Income Support would not have included the usual premiums.

It may well be that ESA follows a similar principle?

lor6126

everyone who has advised me on here says it does not matter. as far as im aware you do not even have to be recieving esa, yiu would qualify on jsa as well. but thank you anyway for replying.

nannytone_2

when o was pn assess,emt rate ESA i received no premiums ... just the bog standard assessment rate