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Thread: Advise please: SDP and ESA income related top up

  1. #1

    Advise please: SDP and ESA income related top up

    Hi looking for advice please.
    We are a married disabled husband and wife.
    Both receive ESA SG contributory
    I am in receipt of pip enhanced rate daily living and mobility
    Wife pip is : standard rate daily living with enhanced mobility
    Nothing else.
    I did a benefit calculator and it said £85.30 esa income related as well as the above , is this possible to have both cb and ir?
    Also someone mentioned SDP is a possibility?
    Do we have to claim? Or is it automatically added?
    Any advise greatly appreciated
    Apologies if it’s in the wrong section
    Last edited by CnJ6169; 11-11-2019 at 06:07 PM.

  2. #2
    Senior Member nukecad's Avatar
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    You can have both CB and IR ESA; many people do.

    The disability premiums - Enhanced Disability, and Severe Disability - are only ever IR.

    From what you say then you should have the couples rate of both the EDP and the SDP.

    EDP should be added automatically; SDP is a bit different and you may have to tell them.
    It's not realy a claim, you just have to tell them you get DL PIP.
    There is a form but they can usually do it over the phone.
    If you should have been getting premiums but haven't been then you can get them backdated.

    So-
    If you don't mind telling us what you currently gey paid as ESA we can work out how the DWP are calculating it and advise from there.

    Other things to tell us-
    Do you have any savings over £6,000?
    Were either or both of you transferred from Incapacity Benefit to ESA?
    If you could supply dates of the ESA and PIP claims (plus DLA if those were also transfers) then it could also be useful.

    Sorry for all the questions, but the answers help us work out what advice to give without a lot of confusing "ifs and buts"
    Last edited by nukecad; 11-11-2019 at 06:38 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  3. #3
    Thank you for your reply
    If you don't mind telling us what you currently gey paid as ESA we can work out how the DWP are calculating it and advise from there.
    ESA we both get £223.30 each paid separately fortnightly

    Do you have any savings over £6,000? No savings at all.

    Were either or both of you transferred from Incapacity Benefit to ESA?
    I was transferred from IB to ESA March 2013..
    wife was transferred from sda to ESA August 2015

    If you could supply dates of the ESA and PIP claims (plus DLA if those were also transfers) then it could also be useful.
    I was from 1996 DLA middle care low mobility indefinitely to pip in October 2016 5year award
    Wife was from 1994 DLA low care high mobility indefinitely to standard daily living..enhanced mobility pip this week 5 year award.

  4. #4
    Senior Member nukecad's Avatar
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    Thanks, the next answer may take longer.

    Currently in the pub and away from my computer, I have to show people I'm still concious (and so alive) or they start worrying.
    I'm sure you know that craic. (And it's a good excuse to get out of the house).

    I should have something for you later, but it will probably be tomorow.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  5. #5
    Thanks very much that’s great.
    I appreciate your input.
    Enjoy the pub

  6. #6
    Senior Member nukecad's Avatar
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    One more question if I can - has either of you been contacted by the DWP about a 'possible' (real) error that they made when transfering people to ESA?

    They may have sent you a form called an ESA3(IBR) but it may just have been a letter.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  7. #7
    Yes I was contacted about that and they looked into it, I wasn’t entitled to anything.
    I do know I’ve had an underlying entitlement to carers allowances thwarted by my wife’s previous low rate Dla care component apparently

  8. #8
    Senior Member nukecad's Avatar
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    Hi, I've had a look and:

    £223.30 a fortnight is £111.65 a week - which is CB ESA SG only. (£73.10 Personal Allowance plus £33.85 Support Group).
    There are no IR ESA premiums included, and I don't believe that that is correct.

    I calculate that you should be getting:

    £114.85 Personal allowance couples rate
    £ 38.55 Support Group component.
    £ 24.10 EDP couples rate. (Automatic if claimant is in SG and has IR entitlement)
    £131.70 SDP Couples rate. (Because you both have DL in PIP)
    £ 36.85 Carer Premium (For the underlying CA entitlement)
    £346.05 Total per week (£692.10 a fortnight).

    That would be calculated as made up of 2x £111.65 CB ESA plus £122.75 IR ESA.

    Because you both have your own CB ESA awards that would usually be paid as 2 seperate claims, as it is now.
    On of CB+IR ESA of £234.40 (346.05 - 111.65).
    And the other of CB ESA only £111.65.

    I also ran it through the entitledto calculator and got a different total, which threw me for a while.
    Looking at the calculation details though they agree with the figures that I have laid out above, but then they've added it up wrong.
    So I'll not bother attaching it here, but I'll print it off and drop them an email, (I've worked with them before testing that calculator).

    I'm not sure why the IB-ESA review did not pick this up, your partner did not qualify for SDP with the Low rate of DLA Care, but you did with Middle rate care.
    (Maybe the 2 seperate claims ESA claims confused them? Did they check both seperately?)
    You both now qualify for SDP with any rate of PIP Daily Living, hence the couples rate in the above calculation.

    What to do next?
    Contact the DWP and tell then that you believe that you should have Disability and Carer Premiums added to (one of) your claims.
    Ask them for forms ESA3 and IS10, (they may do them over the phone).

    Before you do that then it may be a good idea to see a local benefit advisor who can help you get it sorted out, (and get backpaid for the IB-ESA premiums), show them the above.
    You can find local advisors by putting your postcode in here: https://advicelocal.uk/find-an-adviser

    All the above is based on what you have told us.
    If there is a Private Pension, injuries compensation, or some other income in the mix that we don't know about then it could throw things.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  9. #9
    Thank you very much for the information.
    Regards the esa3 they have only sent me one last November 18.
    I’m just looking at the outcome letter and workings out for my ib to esa review dated jan19 looking back to 01/01/2013

    Eg: 2018:
    Column A Cont £73.10 + £37.65 SG + £0.10 top up =£110.85
    Column B IB £114.85 +£37.65 SG + £23.55 extra looking after me at home £176.05 - £110.75 partner esa = £65.30

    On each year’s calculation they have subtracted my wifes sda/esa amount from the Column ib amount
    They state you are not due ESA(ir) because ESA C exceeds the ESA ir amount
    I will need to get a welfare adviser to help sort through this.
    Strangely an ESA3 form has arrived today in my wifes name
    Thanks again

  10. #10
    Senior Member nukecad's Avatar
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    Ahh, that makes things a bit clearer.

    That £0.10 top up is interesting, it shows that you had a Transitional Amount in your ESA to keep it the same as you were previously getting with IB.
    (It would make a slight difference to any backpay due, see below).

    It also shows that you already do have Income Related ESA included in your claim.
    It shows that they had included the Income Related EDP (£23.55 in 2018), but not any SDP or Carer Premium.

    So comparing that column B there to what I calculated above (and rembering that it's last years rates):
    in 2018 you got:
    £114.85 Personal allowance couples rate
    £ 37.65 Support Group component.
    £ 23.55 EDP couples rate. (Automatic if claimant is in SG and has IR entitlement)
    £ 0.00 SDP (Should have been £65.85 singles rate, because your wife didn't qualify at that time).
    £ 0.00 Carer Premium (For the underlying CA entitlement)
    £176.05 Total per week

    This is different from what you said above
    ESA we both get £223.30 each paid separately fortnightly
    That will be because your CB entitlement was higher than your IR entitlement and so your CB ESA was paid in full so you both got £223.30 each.

    So your IB-ESA review was also correct - The income from your wifes CB ESA was greater than any entitlement to IR ESA.
    (Although if they had added in the SDP/CP there may have still been a bit of backpay due).

    It changes the advice slightly in that you do not need an ESA3 again, what you do need is the IS10 to get the SDP & CP added to you current claim and backdated to when your wife was awarded PIP.

    It's the fact that your wife has now also got DL in PIP that has changed things.

    SDP should be added at couples rate from when your wife also got DL PIP.
    Provided neither of you is actually getting paid Carers Allowance for the other
    See this: https://www.entitledto.co.uk/help/se...bility-premium

    I'd get an IS10 done (probably over the phone so have your details handy when you phone them) to get things clarified.
    You can see an example of the IS10 here, so you'll know what questions they will ask:
    Example IS10.
    At the same time I'd remind them that you have an underlying entitlement to CA and so believe that a Carer Premium should also be added.

    PS. Regarding the ESA3(IBR) you have just got for your wife today.
    She won't be eligible for any backpay, it's already been included in their calculation of your IR ESA (Part of the couples rate EDP, and she didn't qualify for SDP at the time).
    But fill it in and send it off anyway.

    PPS. Entitledto have been back to me about the incorrect total in the online calculation, with a reasonable explantion of what caused it.
    It's a slight glitch in the programming that can happen if you do a calculation and then go back and change the details.
    I had wrongly put you down as ESA WRAG at first and then went back and changed it to Suport Group.
    The calculator then added the SG but although it took WRAG from the listed components it didn't take away the WRAG from the calculated total, so the total was too high
    Last edited by nukecad; 11-12-2019 at 05:02 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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