denied severe disability payment

missapril75

lor6126 wrote: »

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.

Under normal circumstances the premium would be added, but maybe the rate of ESA you are getting, for the reason you are getting it, is not normal circumstances.

Yes, you'd get it on JSA too. BUT if you were on a sanction and you were getting hardship payments, then you'd likely not get the premium because you wouldn't be getting 'normal' JSA.

That's what I'm thinking. As nannytone suggested from her experience.:)

lor6126

thanks to all who gave advice. I got a callback as requested this afternoon from benefits centre. The advisor i spoke to this morning said he didnt think i was entitled but he got a decision maker to look into it and phone me.
I am entitled to the severe disability premium and the fact i am appealing makes no difference.
The person i spoke to actually told me that most of the staff in the call centres you get through to have no specific benefit training. That is shocking. If i hadnt insisted in getting someone higher up to call me back i would have been none the wiser.
I hope this helps someone else. Always double check that what you are being told by the DWP is correct. If their own staff dont know the rules what chance do the rest of us have.
To add insult to injury, they have lost the IS10 form i sent to claim it and are having to send me another one out.

lor6126

Nannytone were you getting DLA at the time,the advisor who called me said even on assessment rate, if you are getting high rate for care in DLA or standard rate daily living component in PIP then you are entitled to Severe Disability Premium of £61.10 per week.

nannytone_2

yes i received DLA but at the time it was only low rate.
on JSA or income support id have received a premium, but on assessment rate ESA it isnt payable

lor6126

It is payable on assessment esa they have agreed today. But you wouldnt have got it with low rate dla,only payable on high rate care. I think thats where the confusion has been.

nannytone_2

ESA has 2 additional disability premiums, where JSA and income support have 3.
1 dusability premium... takes JSA and IS up to aound £105 a week paid with low rate care DLA and arNSes PIP
2 severe disability premium. paid with middle rate care or standard PIP. around £60 a week
3 enhanced disability premium. paif with high rate care and enhanced PIP. about £16 a week.

only 2 and 3 are payable with ESA

missapril75

lor6126 wrote: »

The person i spoke to actually told me that most of the staff in the call centres you get through to have no specific benefit training. That is shocking. ...If their own staff dont know the rules what chance do the rest of us have.

Of course, if the public were more supportive of campaigns against government cost-cutting measures and pay cuts and doing things on the cheap the public wouldn't get the poor quality service which worsens with every cut

lor6126 wrote: »

To add insult to injury, they have lost the IS10 form i sent to claim it and are having to send me another one out.

A cost cutting measure previously was remote storage where paperwork is no longer maintained at processing offices.

Easier to get a duplicate than track down the original among the millions of other bits.

epitome

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? .

Right, so what you are saying (having read the outcome below) is that at the time you wrote this post, your IS10 had not arrived, there was no decision on the file saying "you are not entitled to SDP". It was only the opinion of the agent who you spoke to. In that case, call back and ask for the agent who took your call on 30/10/2014 to be informed that they were wrong about this. This is the only way they will learn. The agent you spoke to yesterday 06/11/2014 also was wrong but they at least did the correct thing and got confirmation call back from the Benefit Centre. What you should have done on the 30/10/2014 was ignore what he said and waited for your IS10 to arrive and then wait for a decision to be made.

lor6126 wrote: »

thanks to all who gave advice. I got a callback as requested this afternoon from benefits centre. The advisor i spoke to this morning said he didnt think i was entitled but he got a decision maker to look into it and phone me.
I am entitled to the severe disability premium and the fact i am appealing makes no difference.

Yes , correct

The person I spoke to actually told me that most of the staff in the call centres you get through to have no specific benefit training.

This is Bullsh.. The call centre staff have a vast amount of knowledge on all sorts of subjects including the benefit line that they are on. The Benefit Centres equally have a lot of staff who make mistakes and have little knowledge. The difference is that the person who rang you back, will specialise in a certain area of ESA, for example, WCA, or New Claim, or whatever, the call centre staff have to have a broad knowledge of EVERYTHING, and it is not surprising that they occasionally make mistakes, but if they are not sure on something they should get someone specialised to call you back.

That is shocking. If I hadnt insisted in getting someone higher up to call me back I would have been none the wiser.

Remember, that it was a call centre staff who sent you the IS10 in the first place, so that person knew what they were doing and also your completed IS10 once arrived, would have gone to a Decision Maker and you would have been awarded the SDP so there was really no harm done.

Always double check that what you are being told by the DWP is correct. If their own staff dont know the rules what chance do the rest of us have

Alternatively... "claim anyway and you will get a decision" and do your own research like you did here.


Had this thread gone differently without a happy ending, I would have advised you to ask the DWP to quote the DWP guidance and Legislation that says that you are not allowed SDP on appeal. Something for you to remember in future