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DLA and ESA…

Posted May 10 2010 12:00am 1 Comment

Another DLA slush pile question – “will I lose DLA if I fail my ESA  medical?”.

In any sane universe, no – DLA is payable whether you are capable of work or not (it’s based on disability and the need for assistance with getting around, not on ability to work), therefore failing the ESA medical should not have the slightest effect on it.

Having said that, however , I have heard of people who have failed to qualify for ESA and who have lost their DLA. It might be apocryphal, I don’t know. I know of cases where both ESA and DLA had been applied for, and the failure to qualify for ESA trashed the DLA claim. That should not happen but, apparently, it did – but, and I stress this, I only know what I was told, which might not be the whole story.

Failing ESA might be cause for the DWP to re-examine your DLA claim. Logically, even morally, that shouldn’t be the case, because the two benefits are unrelated. That doesn’t mean it won’t happen.

Loss of ESA, though, will have a detrimental effect on other claims, like Housing Benefit.

More solid information might come to light as people are transferred from Incapacity Benefit to ESA.

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Comments (1)
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I claim both ESA and DLA, the letter informing me of my DLA award said it was based on my ESA medical in March 2011 and information contained in the DLA application. Claiming ESA is probably quite important but failing your ESA medical shouldn't affect your claim for DLA.
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