Ir esa top up for sdp

Countryviews

Hi, I'm on cb esa, on pip daily living since August. My housing benefit was reassessed in October and I am now getting sdp on it.
I asked for ir top up on my cb esa to get sdp but told no and to apply for universal credit.

Surely I'm in gateway and can't claim universal credit and since I get sdp now on housing benefit surely I am entitled to it on esa?
Getting so many different answers from different advice agencies

Alice_Holt

Yes, I think you are correct - "can't claim universal credit and since I get sdp now on housing benefit surely I am entitled to it on esa?" (Assuming as pmlindyloo has pointed out that you have an ESA SDP entitlement).

https://www.entitledto.co.uk/help/severe-disability-premium
"If you have any queries regarding SDP and UC you can call a specialist DWP team on 0800 181 4049."

Who said " but told no and to apply for universal credit."? That is incorrect, If the DWP, make a complaint and keep copies to enable you to seek financial recompense for any late application. And involve your MP.

This gives you some info (but is a circular aimed at HB officers not DWP ESA staff):
https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2019/a12019-hb-gateway-severe-disability-premium-and-claimants-with-3-or-more-children

The UC regulations (if you need to quote them) are:
"Amendment of the Universal Credit (Transitional Provisions) Regulations 2014
2.—(1) The Universal Credit (Transitional Provisions) Regulations 2014(1) are amended as follows.

(2) In regulation 2 (interpretation) insert at the appropriate place in paragraph (1)—

““severe disability premium” means the premium in relation to an employment and support allowance under paragraph 6 of Schedule 4 to the Employment and Support Allowance Regulations 2008(2) or, as the case may be, the corresponding premium in relation to income support, old style JSA or housing benefit;”.
(3) After regulation 4 insert—

“Restriction on claims for universal credit by persons entitled to a severe disability premium
4A. No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom—

(a)is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium; and
(b)in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.”

pmlindyloo

Countryviews wrote: »

Hi, I'm on cb esa, on pip daily living since August. My housing benefit was reassessed in October and I am now getting sdp on it.
I asked for ir top up on my cb esa to get sdp but told no and to apply for universal credit.

Surely I'm in gateway and can't claim universal credit and since I get sdp now on housing benefit surely I am entitled to it on esa?
Getting so many different answers from different advice agencies

Your assessment for HB now includes the severe disability premium so that means that you are correct and you cannot apply for Universal Credit for any income based top up.

However, receiving the SDP in your HB assessment does not necessarily mean that you are eligible for an income based 'top up' for your contribution based ESA. It is just part of the working out to find the amount of HB that you can receive.

To be eligible for the income based top up with your ESA you must meet the eligibility criteria.

Put your details into a benefits calculator to see if you are eligible. You can use https://www.entitledto.co.uk

Come back if you have any further questions.

poppy12345

OP are you claiming the old CB ESA or New style ESA? If it's New style ESA then the SDP isn't payable on top of this.

Countryviews

Thanks for replies. They initially said I could get the ir top up on esa but decision maker came back and said no, because you were not getting sdp on housing benefit when the cb esa claim started then you are not entitled.
I claimed for both ir and cb esa at the start and they did the reassessment based on that application form, saying I did not need an esa3. Still they say no.

Esa office told me to apply for universal credit, I rang universal credit to confirm I was in gateway and could not apply. No, they say gateway only applies for people getting sdp in January or the previous month to that!

Countryviews

Old style as I did a joint application at the start for cb and ir. They turned down ir and said claim universal credit

Countryviews

Entitled to says I am entitled. I definitely meet all the criteria. I told esa and they said entitled to is wrong

Alice_Holt

poppy12345 wrote: »

OP are you claiming the old CB ESA or New style ESA? If it's New style ESA then the SDP isn't payable on top of this.

Good point. Easily overlooked.

The discussion here may be useful to the OP.
https://www.rightsnet.org.uk/forums/viewthread/14784/

Alice_Holt

Countryviews wrote: »

They initially said I could get the ir top up on esa but decision maker came back and said no, because you were not getting sdp on housing benefit when the cb esa claim started then you are not entitled.
I claimed for both ir and cb esa at the start and they did the reassessment based on that application form, saying I did not need an esa3. Still they say no.

I think the DM is incorrect. I would appeal that decision, and see if your local advice charity has a caseworker who could support the appeal.

But definitely appeal and get a ruling from the Tribunal Service, it is likely to come down to the exact wording of the UC / ESA regulations.

calcotti

’Old style’ Contribution based ESA and income based ESA are one benefit. Anybody on contribution based ESA can ask to be reassessed for an income based ESA top up - whether an SDP is applicable or not is irrelevant as it has nothing to do with the UC SDP Gateway.

Getting an income based top up to a contribution based award does not require a new claim and is therefore not prevented by the UC regulations.

It is the DWP failure to understand that ESA is one benefit with two possible elements that lead to the incorrect transfer of Incapacity Benefit claimants to ESA.

EDIT: Above comments not applicable to this thread. Later posts by OP indicate that, contrary to what OP indicated, they are on new style ESA.

calcotti

poppy12345 wrote: »

OP are you claiming the old CB ESA or New style ESA? If it's New style ESA then the SDP isn't payable on top of this.

[STRIKE]Although not relevant to this OP[/STRIKE], thought I’d pick up on this. I recall reading somewhere that somebody claiming new style ESA who subsequently gets an SDP in their Housing Benefit (and is therefore excluded from UC) can be moved back onto legacy ESA and assessed for an income based top. If i can remember where I read it I’ll post a link.

EDIT: strike through opening words because it now appears this may be relevant to OP.