Contribution-based ESA and disability premiums

SirCRW

Hi everyone,

Hope this finds you all well. 

I’m a little confused about what I am entitled to and hoping someone has some experience or some idea about this. 

I have been unable to work the last few years due to illness/disability. I have been on contribution-based ESA since around March last year; and I have been in the support group since December last year. 

I was under the impression that I would be moved to income-based ESA after around a year after my national insurance contributions end. I've just called the DWP (nice hour on the phone!) and checked regarding this and they've informed me that it's not possible to move onto income-based any more and that I would stay on contribution-based. 

The reason I am asking this is that on contribution-based I do not have access to any of the disability premiums that you would get if you were on income-based. So this would suggest that currently I am 'stuck' on contribution based ESA with no way to access the disability premiums? (as I am not able to claim universal credit and I live with family so no housing benefit)

The thing that does confuse me is under the .gov website "Disability premiums" (unable to post links) it states: 

"If you do not qualify, you may still get the premium if you’ve been unable to work for at least a year."

But I cannot find out any more information regarding this. Does anyone have any experience with applying for the disability premium when not on one of the obvious prerequisite benefits? 

Thanks so much!

Torry_Quine

You stay in the support group until such time as you are deemed it's no longer appropriate for you. If in the work related group it lasts a year. If no longer entitled to ESA then it's Universal Credit as income based ESA can no longer be claimed .

poppy12345

Your ESA will be New style ESA which is a contributions based only benefit. It hasn't been possible to claim the old legacy ESA since end of December 2018.

As it's a contributions based on benefit there's no disability premiums payable with this. They are only paid with Income Related benefits. https://www.gov.uk/disability-premiums

You can use a benefits calculator to check entitlement to Universal Credit. If you live with a partner you'll need to claim as a couple and your joint circumstances will be taken into consideration. If you have savings/capital of more than £16,000 you're excluded from claiming.

The ESA will be deducted in full from any UC entitlement. You will be entitled to the LCWRA element from the start of your claim because you're in the Support Group for ESA. https://www.entitledto.co.uk/benefits-calculator

SirCRW

You can use a benefits calculator to check entitlement to Universal Credit. If you live with a partner you'll need to claim as a couple and your joint circumstances will be taken into consideration. If you have savings/capital of more than £16,000 you're excluded from claiming.

Hey, thanks for your reply. When I applied for ESA originally, it was not possible to even apply for Universal Credit where I lived (West London). Do you know if this has this now changed then? 
I did go through the calculator you linked and it suggested I should be able to claim UC and get back some (about 50%) of the 'shortfall' from not being able to claim the disability premium, so I may look into that. Thanks! 

I'm still extremely confused by the wording on the government's website ("If you do not qualify, you may still get the premium if you’ve been unable to work for at least a year."), but I guess I'll have to ask a proper benefit advisor about that. 

Thanks again.

Spoonie_Turtle

Universal Credit was rolled out regionally at first but now everyone can claim (and has to, they can't newly claim any of the legacy income-related benefits).

Muttleythefrog

SirCRW said:

You can use a benefits calculator to check entitlement to Universal Credit. If you live with a partner you'll need to claim as a couple and your joint circumstances will be taken into consideration. If you have savings/capital of more than £16,000 you're excluded from claiming.

Hey, thanks for your reply. When I applied for ESA originally, it was not possible to even apply for Universal Credit where I lived (West London). Do you know if this has this now changed then? 
I did go through the calculator you linked and it suggested I should be able to claim UC and get back some (about 50%) of the 'shortfall' from not being able to claim the disability premium, so I may look into that. Thanks! 

I'm still extremely confused by the wording on the government's website ("If you do not qualify, you may still get the premium if you’ve been unable to work for at least a year."), but I guess I'll have to ask a proper benefit advisor about that. 

Thanks again.

You can apply for U/C anywhere now and have been able to for some time.... 

Definitely look to see if you can get Universal Credit... and as advised by Poppy, if you qualify for it, you would have your LCWRA status carried over to it and gain extra payment as result while you also can continue to get C-Based ESA although that would be deducted as unearned income from any U/C monthly payments. 

Regarding severe and enhanced disability premiums.. these are payable with income related benefits not your C-based ESA and the "Disability premium" you seem to refer to pre-dates the ESA regime (someone correct me if wrong but effectively the WRAG or Support Group component was a substitute for it) and not payable with ESA. Universal Credit meanwhile does not have such premiums.

Oh and for clarity regarding your ESA... it will continue as C-based ESA for as long as you remain in the Support group (at least under current rules!)... the year duration would refer to WRAG group. And yes it is no longer possible to make a claim for Income Related ESA.

poppy12345

SirCRW said:

Hey, thanks for your reply. When I applied for ESA originally, it was not possible to even apply for Universal Credit where I lived (West London). Do you know if this has this now changed then? 

You said you first claimed ESA around last March so it would definitely have been possible to claim UC at that time. As i advised, UC has been in all areas since end of Dec 2018 and it's no longer possible to claim the old legacy benefit since that date.

SirCRW said:

I'm still extremely confused by the wording on the government's website ("If you do not qualify, you may still get the premium if you’ve been unable to work for at least a year."), but I guess I'll have to ask a proper benefit advisor about that. 

Thanks again.

That's a classic example of the confusing wording on the Gov.uk website. It's no longer possible to claim just the disability premium on it's own. This only applies to those claiming either Income Related JSA or Income Support.

There's also some extremely knowledgeable members here on the forum and the advice that's been given to you is correct.