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Does time spent receiving CB ESA count towards waiting period for SMI


molly's mum
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Hello

 

I am in receipt of CB ESA with the support component having been migrated from Incapacity Benefit several years ago.

 

 

I also receive DLA High Rate Mobility and High Rate Care.

 

 

I had no entitlement to Income Related benefits as partner was in full time employment.

 

New scenario

- Partner has to leave employment due to chronic lung condition.

 

 

We ask at Jobcentre how and who should claim.

Were told partner should make separate claim for ESA which he did.

Was placed in support group without a medical.

 

When he asked for housing costs (SMI) to be included,

these were added from 13th week, (this was waiting period at the time).

 

My question is

- When I advised DWP of the change of circumstances (partner leaving employment),

should this have prompted a supersession exercise to establish potential entitlement to Income Related ESA, and the issue of form ESA3 ?

 

If my claim had been made into the joint claim would SMI have been payable straight away or would I be subject to the waiting period.

 

 

In addition to housing costs, several premiums would also be included in the applicable amount.

 

I have raised this query with DWP and have a letter that says if I had made the claim for Income Based ESA, I would still have had to serve the 13 week qualifying period.

 

Having looked online the information I have found suggests this is incorrect.

 

Any thoughts on this would be gratefully received.

Thank you.

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