Reduced benefit Payments

I am currently preparing a tribunal case for my brother who had mental health issues(i am his representative) He failed a medical assesment for ESA last September ( which is a nonsence).Shortly after his assessment his ESA benefit and extra top up for severe disablement was stopped but later reinstated when we launched an appeal. The tribunal appeal is later this month. We received a letter last week stating a reveiw of his benefits has taken place and it was reduced by the severe disablement top up amountto the basic of £67.50 (a reduction of £55). We questioned this and the benefits people say it is because he is waiting for appeal. Is this correct ? And why had he received it since last September if this is the case?

Hi Gordon. Yes it is the Severe Disability Premium that has stopped. His circumstances have not changed at all. Nobody is getting carers allowance for him.

Yes he is still reciving DLA.

Im confused. I thought he would get it subject to appeal tribunal.

MrY1

Hi Gordon sorry about the delay in replying.
We contacted the DWP twice who say its because he is waiting for an appeal. I still cant understand why the allowance has been stopped.seems quite odd.

As your brother is entitled to the assessment rate of ESA pending an appeal, and as he is receiving DLA and satisfies all the conditions for payment of the severe disability premium, he is entitled to this payment. The fact that the ESA decision has been appealed does not impact on his DLA entitlement, and while he remains entitled to the allowance, he fulfils the conditions for the SDP.

It would be certainly worthwhile asking the DWP office dealing with his ESA claim to give your brother a formal decision in writing terminating his SDP entitlement, and upon receipt of the decision if it is found to be incorrect, lodge an appeal against the adverse decision.