Employment and Support Allowance (ESA)
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ESA and Group Income Protection

YorkiesYorkies Member Posts: 5 Listener
Hi - i have been on long term sick since 2009 with degenerative disc disease.  I have a group income protection from my work which pays me 50% of my salary (50% of my salary rolled back to when i started having issues, not the date when i was classed as long term sick in 2009). 

In 2009 i was also getting Esa but it was stopped as it was means tested and my partner worked.

Recently ive been speaking with scope as ive applied for PIP - and they mentioned that i should also claim new style esa as it was contribution based and wasnt means tested now, and my group income protection wasnt a factor. I still pay tax and NI contributions from the GIP payment and have done since 2009. I am not doing any work for my employer as i cannot sit or stand for any length of time due to the pain - but they still pay me from the GIP payment. 

So i applied for new style esa and had a letter from the dwp saying i cant claim esa due to the occupational or Personal pension i receive. Im very confused if i can claim this benefit or not. I went back to scope and they have again said GIP isnt a factor as its not means tested. 

Ive also read other cases on the Internet such as this, which sounds very similar to my case. https://www.benefitsandwork.co.uk/forum/10-dla-esa-queries-results/133629-esa-group-income-protection

Point 10 saying that GIP doesnt meet the description. 

Ive also read through the legislation but it seems unclear regarding GIP


DWP have asked for a copy of the GIP policy and a letter from my employer on how this is paid. They have also stated i have a month to appeal this for a mandatory reconsideration.

Could anyone offer any clarity or advise on the situation as im so confused, it would be greatly appreciated. 

Best Regards
 Rich

Replies

  • janer1967janer1967 Community champion Posts: 4,515 Disability Gamechanger
    Hi and welcome I am not too sure anyone can help as this seems quite complex, have you been in touch with CAB or welfare rights

    We do have a member who has great knowledge of benefits and I am sure she will advise when she sees this
  • YorkiesYorkies Member Posts: 5 Listener
    Hi, 

    Thanks very much for the reply, i have just emailed CAB so will see if they can advise. 

    It does seem complex, and ive had so many different answers, im not even sure the DWP know the rules when ive spoken to them :) 

    I think the issue may be around if they class GIP as permanent health insurance, which i cant see how it is as it doesnt last forever unlike a pension payment. 

    Anway thanks for the reply. 


  • poppy123456poppy123456 Community champion Posts: 20,510 Disability Gamechanger
    HI and welcome,

    I have fairly good benefit knowledge on a lot of things but unfortunately, i do not know the answer to your question. Hopefully someone else will see this and advise you further.

    If you have a welfare rights local to you then you could ring them to ask. I hope you find the answers you're looking for. Good luck.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • YorkiesYorkies Member Posts: 5 Listener
    Ok thanks for the reply
  • Tori_ScopeTori_Scope Administrator Posts: 1,277 Pioneering
    edited October 13
    Have you been able to contact anyone else to try and get some answers @Yorkies
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  • YorkiesYorkies Member Posts: 5 Listener
    Hi, 

    Ive been speaking to CAB, who need to see an up to date GIP policy (sent them an old one i have) and the details of how im paid from my employer. Im still waiting for these details.

    CAB say its complex and need their experts to look at it once they have all the information. 

    So just waiting for the information at the moment
  • Tori_ScopeTori_Scope Administrator Posts: 1,277 Pioneering
    Thank you for the update @Yorkies! Hopefully they'll provide the employment details soon. Let us know how you get on :) 
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  • chiariedschiarieds Community champion Posts: 4,595 Disability Gamechanger
    Hi @Yorkies - I'm sorry you're having difficulties finding exactly where you stand with this issue, & it's good you've sought local advice.
    Just a few thoughts.... the 2nd link you give is to a draft legislation, which gives you a link to this: https://www.legislation.gov.uk/uksi/2013/379/regulation/1/made
    Please then see:
    https://www.legislation.gov.uk/uksi/2013/379/regulation/68/made    which seems to indicate GIP would be disregarded only with regard to the Armed Forces & Reserved Forces.
    I have scanned quickly through the legislation, but this was the only mention of GIP I saw.
  • YorkiesYorkies Member Posts: 5 Listener
    Hi. 

    Thanks for taking time out to try and help. I will forward this onto CAB to see what their experts make of it all
  • Chloe_ScopeChloe_Scope Administrator Posts: 10,557 Scope community team
    Best of luck @Yorkies
    Community Partner
    Scope

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