PIP, ESA and Severe Disability Premium

MrsJ1995

Hi, just wondering if anyone can help...

I have been receiving contribution-based ESA since 2019 and have recently been awarded PIP daily living standard rate. I got a letter with forms to complete re SDP. But I thought you were not eligible for this if your ESA is contribution-based?

Thanks

poppy12345

Quite strange why you received that letter. There's been no new claims of the old contributions based ESA since end of December 2018. If you started your ESA claim in 2019 then it will be New style ESA and there's no disability premiums payable with this.

Are you sure it was 2019 that you claimed ESA? Do you live alone or with other adults?

MrsJ1995

Yeah, I did start the claim in December 2018 i.e. that's when I phoned up and got the forms etc. But, I didn't start receiving it until 2019. I was living with my parents when I started the claim, I now live with my husband (I've obviously updated DWP with these changes when they happened).

poppy12345

It may well be the old contributions based ESA then. It is possible to claim the disability premiums when claiming this ESA. They are known as the Income Related top up. Whether you're entitled to this will depend on your joint circumstances. Do your husband work?

To be entitled to the SDP you must live alone or be treated as living alone. As you're living with your husband he must either be registered blind or be claiming a qualifying disability benefit himself, such as PIP daily living, DLA mid/high rate care. If he isn't then you won't be entitled to the SDP.

MrsJ1995

Yeah, it's definitely contribution-based, it's specified on all my letters.

My husband does work and doesn't claim any benefits.

So I'm right in thinking I'm not entitled to SDP or any income related top up? Why have DWP sent the letter and want me to complete the forms? They already have all this information about myself and my husband

xxxxxxxx

They send the information out in case you could be eligible.
As you did not give any more information we cannot tell you if you would get income related or SDP.

MrsJ1995

Ok, thank you both

poppy12345

MrsJ1995 said:

Yeah, it's definitely contribution-based, it's specified on all my letters.

My husband does work and doesn't claim any benefits.

So I'm right in thinking I'm not entitled to SDP or any income related top up? Why have DWP sent the letter and want me to complete the forms? They already have all this information about myself and my husband

The reason why your ESA is contributions based is because of your NI record in the previous 2 tax years prior to your claim and your husband works so it's likely you're not entitled to any Income Related because of this. For the Income Related top up then there would only be a £20/week disregard for your husbands earnings, if he works less than 24 hours per week. After that your entitlement to Income Related ESA will reduce £1 for £1.

It doesn't sound like he's claiming any qualifying disability benefit benefit or registered blind because you didn't say either way, even though i did ask. This means there will be no entitlement to any Income Related top up or the SDP.

murphyslaw2020

"The reason why your ESA is contributions based is because your husband works."


I never knew this, I always thought Contribution Based ESA was on each individual persons National Insurance record before becoming ill.

poppy12345

murphyslaw2020 said:

"The reason why your ESA is contributions based is because your husband works."


I never knew this, I always thought Contribution Based ESA was on each individual persons National Insurance record before becoming ill.

Apologise, of course you are correct. Badly worded on my part, i've now edited my comment to reword it.